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PROPOSED LAW NO. 52 /X

Exhibition of Motives

The foundations of the civil protection legal regime were established at the beginning of the years

ninety, through Law No. 113/91, of August 29. Such a diploma, still in force (with

the amendments introduced by Law No. 25/96 of July 31), synthesizes a set of

options that do not deviate much from the European and international consensus. Effectively, the

structuring principles of this area have achieved some stability, valuing the actions

of prediction, prevention, reaction and combat to crises and finally repose of the

normality.

The cyclical need for reweighting the normative bases of civil protection links

more to the system suitability imperative to the evolution of the structure of the organization

administrative that to the redefinition of the material priorities of acting. The reason for being

of the present diploma radica, for, in the need to make adjustments and

enhancements evidenced by the experiment, with direct reflections on accentuation

of the integrated, operative and functional character of the system.

Civil protection is a civic task, par excellence. Your responsibility must be

shared by all: from the State to the other public entities, from companies to citizens.

Any area of the territory may be affected by any type of risk, which

evidences the need for a civil protection system that values participation

active and informed of all, and ensure the existence, in each circumscription, of resources

humans and materials, operative and decision-making capacity, likely to intervene

immediately in the event of an accident or disaster, but also, where possible, to predict

and prevent. Despite the diffuse character of liability, the demands for effectiveness and

efficiency linked to the function make the role of the state incircumvable, while element

aggregator and coordinator.

The actions provided for in this proposed law shall be organized around two axes

complementary: on the one hand, the principle of subsidiarity, which points to a

timely determination of the nature and severity of the occurrence and consequent evaluation

of the sufficiency of the closest resources to cope with it; on the other hand, the

principio of coordination, in an organizational perspective, and the principle of the unity of

command, in an operational perspective. While the former stresses the imperative of

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a common guiding line between the various organic subsystems, to which only the

Government can match, already the second one evidences the need to ensure the

direction of crisis management operations, without prejudice to functional linkages

specific to each intervener.

In this context, the proposed law aims to provide the various normative instruments of the

civil protection of a common axiological referential, favoring interpretation and

Uniform application and ensuring the correct identification of objectives.

On the other hand, it is now intended to fill an evident gap from the current legal regime:

the non-existence of integrated framework of legal acts and material operations aimed at the

prevention of risks, combat and crisis management and reposition of the normality of the

conditions of life, hierarchized depending on the severity of the occurrence that if

intends to prevent or eliminate. It is, in the generality of cases, acts or

material operations already provided for in the legal planning, in a dispersed manner and

turned off. The present proposal of law integrates all such situations and organizes them,

second a priority criterion, around the declaration of the alert situations, of

contingency and calamity. In this way, the suitability of the system of

civil protection to the various geographical levels of responsibility and competence of the

administrative authorities. Where necessary, the stratification determined by the

scope of the tasks of the entities and the intervening bodies is corrected as a function of the

gravity of the occurrence and the nature of the means called to act.

Thus, the law of bases of civil protection, without prejudice to the normative developments

sectoral to which it will surely give azo, takes over from already the framework of the

key instruments at the disposal of the various civil protection officers for

prevent accidents or disasters, eliminate their effects and provide for the reposition

of the normality of living conditions.

Finally, the present proposal of law proceeds to a deep reformulation of the

organic structure on which the civil protection system is based. The vectors principles

of the new regime refers to the ideas of simplification and operationality. The

civil protection activities do not commiserate with bureaucratic structures

too rigid and heavy. In fact, the demands for immediate response to the

detection of potential or actual risks, hardly coaldled with organizations

complex, dependent on very varied decision centres, accustomed to

slow and sometimes dubious usefulness procedures. However, there are limits

to the wishes for administrative simplification, arising in particular from the

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need to ensure the maintenance of means close to the occurrences, such as

imposed by the principle of subsidiarity. The organizational structure proposed here

search, precisely, reach a point of balance between the claimed complexity

by the dispersion of territories and attributions, on the one hand, and the inherent operational character

to the function, on the other.

From the organizational summit drawn on this proposed law, the integration of standards

and procedures relating to the various civil protection operations, articulating all the

civil protection agents, is the subject of a development diploma.

This proposed law takes into consideration the contributions generated by the broad

debate that has been raised in public opinion, involving not only entities and institutions

directly connected to the activity of protection and relief, as individualities of the

civil society, national intelligence and the academic medium in particular, which

corresponded to the Government's initiative to launch this degree, with others relating to

contiguous subjects, in public discussion that has proceeded during the past month of

November.

Consultations to the High Authority for Communication should still be triggered

Social, in respect of the constant standard of Article 22 (3), and the Insurance Institute of

Portugal as to the norm of Article 61.

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

Objectives and principles

Article 1.

Civil protection

1-A Civil protection is the activity developed by the State, Autonomous Regions and

Local Authorities, by citizens and by all public and private entities, with

the purpose of preventing collective risks inherent in accident situations or

disaster, to eliminate its effects, protect and soccur people and goods in

danger when those situations occur.

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2-A civil protection activity has a permanent, multidisciplinary character and

plurissectoral, cabling to all the organs and departments of the Administration

Public to promote the conditions indispensable to its execution, in a way

decentralized, without prejudice to the mutual support between bodies and entities of the

same level or coming from higher levels.

Article 2.

Territorial scope

1-A Civil protection is developed throughout the national territory.

2-In the autonomous regions the policies and actions of civil protection are from the

responsibility of regional governments.

3-In the framework of international commitments and applicable rules of law

international, civil protection activity may be carried out outside the territory

national, in cooperation with foreign states or international organizations of

that Portugal is a party.

Article 3.

Definitions of serious accident and disaster

1-Serious accident is an unused event with relatively limited effects on the

time and in space likely to reach people and other living beings, the goods or the

environment.

2-Disaster is the accident or the series of accidents, likely to cause high

material damage and, eventually, victims, intensely affecting the conditions

of life and the socio-economic fabric in areas or in the entirety of the national territory.

Article 4.

Objectives and fields of performance

1-Are fundamental objectives of civil protection:

a) Preventing collective risks and the occurrence of accident or disaster from them

resulting;

b) Mitigating collective risks and limiting their effects in the case of occurrences

described in the preceding paragraph;

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c) To soccur and watch people and other living beings in danger, protect goods and

cultural, environmental and high public interest values.

2-A civil protection activity is carried out in the following areas:

a) Surveying, forecasting, evaluation and prevention of collective risks;

b) Permanent analysis of vulnerabilities in the face of situations of risk;

c) Information and training of populations, aiming at their awareness of

self-protection and collaborative matters with the authorities;

d) Planning of emergency solutions, aiming at the search, rescue, the

provision of relief and assistance, as well as evacuation, accommodation and

supply of the populations;

e) Inventorisation of the resources and means available and of the most easily

mobilizable, at the local, regional and national level;

f) Study and dissemination of appropriate forms of protection of buildings in general,

of monuments and other cultural assets, of infrastructure, of heritage

archival, of essential services facilities as well as the environment and

of natural resources;

g) Prediction and planning of actions achievable in the eventuality of isolation of

areas affected by risks.

Article 5.

Principles

In addition to the general principles, enshrined in the Constitution and the law, constitute

special principles applicable to civil protection activities:

a) Principle of priority under the terms of which prevalence should be given to the

pursuit of the public interest pertaining to civil protection, without prejudice to the

national defence, internal security and public health, whenever they are

in question ponderings of interests, among themselves confrontational;

b) Principle of prevention, by virtue of which the risks of accident or disaster

should be considered in advance, so as to eliminate the own

causes, or reduce its consequences, when this is not possible;

c) Precautionary principle, according to which the measures should be adopted

of decreasing the risk of accident or disaster inherent in each activity,

associating the presumption of imputation of possible damage to the mere violation

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of that duty of care;

d) Principle of subsidiarity, which determines that the protection subsystem

tertier-level civil shall only intervene if and to the extent that the objectives of the

civil protection cannot be achieved by the civil protection subsystem

immediately lower, attentive to the size and the severity of the effects of the

occurrences;

e) Principle of cooperation, which relies on the recognition that protection

civil constitutes allocation of the State, Autonomous Regions and Municipalities

Places and duty of citizens and all public and private entities;

f) Principle of coordination, which expresses the need to ensure, under

direction of the Government, the articulation between the definition and the implementation of the

national, regional, district and municipal civil protection policies;

g) Principle of the unit of command, which determines that all agents act,

in the operational plan, articulately under a single command, without prejudice to the

respective hierarchical and functional dependence;

h) Principle of information, which translates the duty to ensure disclosure of the

relevant information in civil protection, with a view to pursuing

of the objectives set out in Article 4.

Article 6.

General and special duties

1-Citizens and too many private entities have a duty to collaborate in the pursuit

of the purposes of civil protection, observing the preventive provisions of laws and

regulations, acatting orders, instructions and advice from the organs and agents

responsible for internal security and civil protection and by meeting promptly

the solicitations justifiably to be made by the competent entities.

2-The officials and agents of the State and legal persons of public law, well

as the members of the management bodies of public companies, have a special duty

of collaboration with the civil protection bodies.

3-Those responsible for the administration, management or managerial of private companies whose

laboration, by the nature of its activity, be subject to any particular form

of licensing have, equally, the special duty of collaboration with the organs and

civil protection officers.

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4-A disobedience and the resistance to the legitimate orders of the competent entities,

when practiced in a warning situation, contingency or calamity, are

sanctioned under the criminal law, and the respective penalties are always aggravated in

one third, at their minimum and maximum limits.

5-A violation of the special duty provided for in paragraphs 2 and 3 implies, depending on the cases,

criminal and disciplinary liability, under the law.

Article 7.

Information and training of citizens

1-Citizens are entitled to information about the risks to which they are subject in certain

areas of the territory and on the measures adopted and to be adopted with a view to preventing or

minimize the effects of accident or disaster.

2-A public information aims to clarify the populations about the nature and purposes of the

civil protection, make them aware of the responsibilities that fall on each

institution or individual and raise awareness of self-protection.

3-Teaching programmes, in their various degrees, must nclude, in the area of training

civic, civil protection and self-protection matters, with the purpose of spreading

practical knowledge and rules of behaviour to be adopted in the case of accident or

disaster.

CHAPTER II

Alert, contingency, calamity

SECTION I

General provisions

Article 8.

Alert, contingency, calamity

1-Without prejudice to the permanent character of the civil protection activity, the organs

competent may, depending on the nature of the events to be prevented or the

address and the severity and extent of their current or potential effects:

a) Declare the alert situation;

b) Declare the contingency situation;

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c) Declare the situation of calamity.

2-The acts referred to in the preceding paragraph correspond to the recognition of the adoption

of appropriate measures and commensurate with the need to face increasing degrees of

danger, current or potential.

3-A statement of alert status, contingency situation and situation of

calamity may report to any parcel of the territory by adopting a scope

infra-municipal, municipal, supra-municipal or national.

4-The powers to declare the alert or contingency situation are found

circumscribed by the territorial scope of competence of the respective bodies.

5-The Minister of the Internal Administration may declare the situation of alert or the situation

of contingency for the entirety of the national territory or with the circumscribed scope

to a parcel of the national territory.

Article 9.

Assumptions of the alert situations, contingency, calamity

1-A The alert situation can be declared when, in the face of the occurrence or imminence of

occurrence of some or some of the events referred to in Article 3 is

recognized the need to adopt preventive measures and, or, special measures

of reaction.

2-A The contingency situation can be declared when, in the face of the occurrence or

imminence of occurrence of some or some of the events referred to in the article

3. is recognized the need to adopt preventive measures and or measures

non-mobilizable reaction specials in the municipal scope.

3-A The situation of calamity can be declared when, in the face of the occurrence or danger of

occurrence of some or some of the events referred to in Article 3, and to their

predictable intensity, is recognized the need to adopt measures of character

exceptional aimed at preventing, reacting or reacting to the normality of the conditions of

life in the areas hit by its effects.

Article 10.

Priority of means and resources

1-The means and resources used to prevent or face the risks of accident or

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disaster are those provided for in the emergency plans for civil protection or, in its

absence or insufficiency, those determined by the civil protection authority that

take the direction of operations.

2-The means and resources used shall suit the purpose, not exceeding the

strictly necessary.

3-preference is given to the use of public means and resources on the use of

means and private resources.

4-A The use of means and resources is determined second criteria of proximity and

of availability.

Article 11.

Obligation of collaboration

1-Declared one of the situations provided for in Article 8 (1), all citizens and

too many private entities are required, in the area covered, to provide to the

civil protection authorities for personal collaboration that is required to them,

respecting the orders and guidelines that are directed to them and corresponding to the

respective requests.

2-A The refusal to comply with the obligation set out in paragraph 1 corresponds to the crime of

sanctionable disobedience in accordance with Article 6 (4)

Article 12.

Production of effects

1-Without prejudice to the need for publication, acts that declare the situation of

wariness or the contingency situation, the dispatch referred to in Article 30, as well as the

resolution of the Council of Ministers that declares the situation of calamity, produce

immediate effects.

2-In the cases referred to in the preceding paragraph, the author of the declaration shall diligenate by the

wider diffusion of its content, taking into account the available means, owing,

as soon as possible, ensure its dissemination on the page in the Internet of the entity that the

delivered and, or, of the Government.

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SECTION II

Alert

Article 13.

Competence for statement of alert

1-It is up to the president of the city hall to declare the situation of alert of scope

municipal.

2-It is up to the Civil Governor to declare the situation of alert in the whole or in part of his

territorial scope of competence, preceded by the hearing, where possible, of the

presidents of the municipal chambers of the municipalities covered.

Article 14.

Act of statement of alert

The act that declares the alert situation expressly mentions:

a) The nature of the event that originated the stated situation;

b) The temporal and territorial scope;

c) The structure of coordination and control of the means and resources to be made available.

Article 15.

Material scope of the warning statement

1-In addition to the measures especially determined by the nature of the occurrence, the

statement of alert situation expressly disposes of:

a) The mandatory convocation, depending on the scope, of the committees

municipal, district or national civil protection;

b) The establishment of the appropriate procedures for technical coordination and

operational of the services and civil protection officers as well as the resources to

use;

c) The establishment of the guidelines on coordination procedures

of the intervention of the forces and security services;

d) The adoption of preventive measures appropriate to the occurrence.

2-A The statement of the alert situation determines a special obligation of collaboration

of the media, in particular of the radios and televisions, with the

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coordination structure referred to in the c) of the previous article, targeting the

disclosure of the relevant information regarding the situation.

SECTION III

Contingency

Article 16.

Competence for contingency declaration

The declaration of the contingency situation rests with the Civil Governor in its scope

territorial of competence, preceded by the hearing, where possible, of the Presidents

of the municipal chambers of the municipalities covered.

Article 17.

Act of contingency declaration

The act which declares the contingency situation expressly mentions:

a) The nature of the event that originated the stated situation;

b) The temporal and territorial scope;

c) The structure of coordination and control of the means and resources to be made available;

d) The procedures for inventing the damage and damage caused;

e) The criteria for granting material and financial supports.

Article 18.

Material scope of the contingency statement

1-A The declaration of the contingency situation covers the measures stated in the article

15.

2-In addition to the measures especially determined by the nature of the occurrence, the

declaration of contingency situation expressly disposes of:

a) The mandatory convening of the district or national commission of

civil protection;

b) The actuation of the emergency plans concerning the areas covered;

c) The establishment of specific directives relating to operational activity

of civil protection officers;

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d) The establishment of the framework criteria for external intervention and the

operational coordination of security forces and services and the Forces

Armed, in the terms of the applicable normative provisions, raising the

respective degree of preparedness, in accordance with the provisions of the plan of

emergency applicable;

e) The requisition and placement under the coordination of the structure indicated in the c)

of Article 17 of all systems for surveillance and risk detection, well

as from the organisms and institutions, whatever their nature, whose

knowledge may be relevant to the prediction, detection, warning and evaluation

of risks and emergency planning.

SECTION IV

Calamity

Article 19.

Competence for the declaration of calamity

The declaration of the calamity situation is the competence of the Government and is the form

of resolution of the Council of Ministers.

Article 20.

Early recognition

The resolution of the Council of Ministers referred to in the preceding article may be preceded by

joint dispatch of the Prime Minister and the Minister of the Internal Administration

recognizing the need to declare the situation of calamity, with the effects

provided for in Article 30.

Article 21.

Act of declaration of calamity

The resolution of the Council of Ministers that declares the situation of calamity mentions

expressly:

a) The nature of the event that originated the stated situation;

b) The temporal and territorial scope;

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c) The structure of coordination and control of the means and resources to be made available;

d) The procedures for inventing the damage and damage caused;

e) The criteria for granting material and financial supports.

Article 22.

Material scope of the declaration of calamity

1-A The declaration of the calamity situation covers the measures indicated in the articles

15. and 18.

2-In addition to the measures especially determined by the nature of the occurrence, the

statement of calamity situation, taking into account the criteria of the authorities

competent in the grounds of the matter, it may have on:

a) The mandatory convening of the National Commission on Civil Protection;

b) The actuation of the national scope emergency plan;

c) The establishment of sanitary and safety fences;

d) The establishment of limits or conditions to the movement or permanence of

persons, other living beings or vehicles, in particular through the subjection to

collective controls to prevent the spread of epidemic outbreaks;

e) The rationalization of the use of public transport services,

communications, water supply and energy, as well as consumption of

goods of first need;

f) The determination of the civilian mobilization of persons, for periods of time

determined.

3-A The declaration of the calamity situation may, for the reasons of safety of the own

or of the operations, establish limitations as to the access and movement of persons

strange to operations, including social media organs.

Article 23.

Access to natural and energy resources

1-A The declaration of the calamity situation is sufficient condition to legitimize the free

access of the civil protection officers to private property, in the area covered, well

how the use of private natural or energy resources, to the extent of

strictly necessary for the realization of the actions aimed at repose of normalcy

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of the living conditions.

2-The legal acts or material operations adopted in execution of the declaration of

situation of calamity to react against the effects of accident or disaster,

presumed to be practiced in a state of need.

Article 24.

Temporary requisition of goods and services

1-A The declaration of the calamity situation implies the recognition of the need for

to temporarily requisition goods or services, particularly as to the verification of the

urgency and the public and national interest that substantiate the requisition.

2-A The requisition of goods or services is determined by dispatching Joint Ministers

of the Internal Administration and Finance, which sets its object, the beginning and the term

predictable use, the beneficiary operating entity and the entity responsible for the

payment of compensation for the possible damages resulting from the requisition.

3-Applying, with the necessary adaptations, the rules on compensation for the

temporary property requisition listed in the Expropriations Code.

Article 25.

Mobilization of civil protection and relief officers.

1-The officials, agents and other employees of the direct public administration and

indirect, including the autonomous, which cumulatively detain the quality of

civil and relief protection agent, are exempted from the public service when

are called by the respective body in order to face an object event

of a calamity statement of situation.

2-A dispensation referred to in the preceding paragraph, when the home service is agent of

civil protection is preceded by permission of the respective governing body.

3-The relevant procedural rules for the application of the provisions of the preceding paragraph

are set out in the resolution of the Council of Ministers carrying out the declaration of the

situation of calamity.

4-A resolution of the Council of Ministers carrying out the declaration of the situation of

calamity establishes the conditions of dispensation of work and mobilization of the

workers in the private sector who cumulatively perform related functions

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or of cooperation with the civil protection or relief services.

Article 26.

Use of soil

1-A resolution of the Council of Ministers carrying out the declaration of the situation of

calamity, may determine the suspension of municipal planning plans

territory and, or, special planning plans of the territory, in bounded parts

of the area covered by the declaration.

2-The areas covered by the declaration of calamity are considered to be the subject areas

of special protective measures, taking into account the nature of the event that the

determined, being conditioned, restricted, or interspoken, in the terms of the number

next, the actions and uses likely to increase the risk of repetition of the

event.

3-In the cases provided for in the preceding paragraphs, the resolution of the Council of Ministers

carrying out the declaration of the calamity situation shall establish the measures

preventive necessary to the provisional regulation of the use of the soil, applying, with the

necessary adaptations, the provisions of Articles 7 to 13 of the Decree-Law No 794/76,

of November 5.

4-Without prejudice to the provisions of paragraph 1, the municipalities covered by the declaration of

calamity are heard as to the establishment of the measures provided for in the

previous figures, as soon as the circumstances permit.

5-A change of municipal land-use planning plans and, or, of the plans

territory planning specials, must be completed within two years

after the start of the suspension.

6-Territorial management tools should establish the behaviours

likely to be imposed on the users of the soil, taking into account the risks to the

public interest pertaining to civil protection, specifically in the areas of

construction of infrastructure, the realization of planning measures and the

subjecting to surveillance programmes.

7-In the procedures for the change of the territorial management instruments referred to in

previous figures, particularly in the monitoring and concert phases, the

mixed committee of coordination shall include a representative of the Ministry of

Internal Administration.

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Article 27.

Right of preference

1-It is granted the right of preference to municipalities in the transmissions to title

onerous, between private individuals, of the land or buildings located in the area bordered by the

statement of calamity.

2-The right of preference is granted for the period of two years.

3-Applied, with the necessary adaptations, to the exercise of the faculty provided for in the

number one, the legal regime set out in Articles 27 and 28 of the Decree-Law No

794/76, of November 5, and supplementary regulation,

4-Private individuals who wish to alienate real estate covered by the right of preference

of the municipalities shall communicate the intended transmission to the mayor

municipal.

Article 28.

Special scheme for contracting of public works, supplies

of goods and purchase of services

1-A contracting of public works, supply of goods and acquisition of

services that they have in view to prevent or accordion, as a matter of urgency, to

situations arising from the events that determined the statement of situation

of calamity shall be subject to the present special arrangements.

2-Mediant dispatch of the Ministers of the Internal Administration and Finance,

a list of the entities authorised to proceed, by the two-year term, is published.

direct adjustment of the contracts referred to in the previous number whose cost estimate

global by contract, not considering VAT, is lower than the thresholds set for

implementation of the Community Directives on public procurement.

3-The contracts concluded under this scheme shall be waived from the prior visa of the

Court of Auditors.

4-The awardees of contracts made under this exceptional scheme shall

be communicated to the Ministry of Internal Affairs and to the Ministry of

Finance, in such a way as to ensure compliance with the principles of advertising and

transparency of contracting.

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Article 29.

Supports for the reposition of the normality of living conditions

The special legislation on social benefits, incentives for economic activity and

financing of the Local Authorities sets out the provisions applicable to the situation of

calamity, with a view to the reposition of the normality of living conditions in the areas

affected.

Article 30.

Dispatch of urgency

1-The joint dispatch of the Prime Minister and the Minister of the Internal Administration

provided for in Article 20, it may, as soon as, adopt the measures set out in the article

22, with the exception of those provided for in points e) and f) of your n. 2.

2-As long as provided for in the applicable emergency plan, the measures established in the

articles 23 and 24 may be adopted in the order referred to in the preceding paragraph.

3-The order referred to in paragraph 1 shall produce the effects provided for in Article 22 (1).

CHAPTER III

Framework, coordination, direction and implementation of the civil protection policy

SECTION I

Political direction

Article 31.

Assembly of the Republic

1-A The Assembly of the Republic contributes, by the exercise of its political competence,

legislative and financial, to frame the civil protection policy and to scrutinize the

your execution.

2-The parties represented in the Assembly of the Republic are heard and informed

with regularity by the Government on the progress of the main subjects of the

civil protection policy.

3-The Government shall periodically inform the Assembly of the Republic on the situation of the

Country in the case of civil protection, as well as on the activity of the organisms and

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services by it responsible.

Article 32.

Government

1-A The conduct of the civil protection policy is the competence of the Government, which, in the

respective Programme, it must enrol the main guidelines to be adapted or to propose

in that domain.

2-To the Council of Ministers compete:

a) Define the general lines of government policy of civil protection,

how to carry it out;

b) Scheduling and ensuring the means for the implementation of the protection policy

civil;

c) Declare the situation of calamity;

d) Adopt, in the case provided for in the preceding paragraph, the measures of character

exceptional aimed at the repose of the normality of living conditions in the areas

hit;

e) Deliberating the extraordinary allocation of the indispensable financial means

to the implementation of the measures provided for in the preceding paragraph;

3-The Government must listen to the bodies of government of the Regions in advance.

Autonomous on the taking of measures of their competence, in the terms of the numbers

previous, specifically to them applicable.

Article 33.

Prime Minister

1-The Prime Minister is responsible for the direction of the policy of civil protection,

by competing with you, specifically:

a) To coordinate and guide the action of the members of the Government in the subjects

related to civil protection;

b) Ensure compliance with the powers provided for in Article 32.

2-The Prime Minister may delegate the skills referred to in the preceding paragraph in the

Minister of the Internal Administration.

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Article 34.

Civil Governor

1-Compete to the civil governor, in the exercise of district in charge of the district of the

civil protection policy, triggering, on the imminence or occurrence of accident or

disaster, civil protection actions for prevention, relief, assistance and

proper rehabilitation in each case.

2-The civilian governor is supported by the District Centre for Relief Operations and the

remaining civil protection officers of district scope.

Article 35.

President of the City Hall

1-Compete to the chairman of the city hall, in the exercise of responsible duties

municipal of the civil protection policy, triggering, on the verge or occurrence of

accident or disaster, the civil protection actions of prevention, relief, assistance

and appropriate rehabilitation in each case.

2-The mayor of the city hall is supported by the Municipal Operations Centre of

Help and for the remaining civil protection officers of municipal scope.

SECTION II

Commissions and Civil Protection Units

Article 36.

National Committee on Civil Protection

1-A The National Civil Protection Commission is the coordinating body in respect of

civil protection.

2-Compete to the Commission:

a) Ensure the realization of the general lines of government policy of

civil protection in all services of the administration;

b) To appreciate the general bases of the organisation and functioning of the organisms and

services that, directly or indirectly, perform protective functions

civil;

c) Appreciate the agreements or conventions on international cooperation in matter

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of civil protection;

d) To appreciate the Emergency Plans of national, district or municipal scope;

e) Give opinion on the Emergency Plans drawn up by the governments of the

autonomous regions;

f) Adopt mechanisms for institutional collaboration between all organisms and

services with responsibilities in the field of civil protection, as well as

forms of technical and operational coordination of the activity by those

developed, in the specific scope of the respective statutory tasks;

g) Proceed to the recognition of the criteria and technical standards on the

organization of the inventory of resources and means, public and private,

mobilizable at the local, district, regional or national level, in the event of an accident

grave or catastrophe;

h) Define the criteria and technical standards on the elaboration of plans of

emergency;

i) Define the priorities and objectives to be established with a view to the scaling up of

efforts of the bodies and structures with responsibilities in the field of

civil protection, regarding your preparation and participation in tasks

common civil protection;

j) Approve and follow up on public initiatives aimed at the dissemination of the

purposes of civil protection and the awareness of citizens for the

self-protection and for the collaboration to be provided to the bodies and agents that

exert that activity;

l) To appreciate and approve the forms of external cooperation that the bodies and

structures of the civil protection system develop in the fields of their

assignments and specific competences.

3-Compete still to the Commission:

a) Trigger the actions provided for in the Emergency Plans and ensure the

conduct of their civil protection operations arising out of;

b) Enabling the rapid and efficient mobilization of organizations and personnel

indispensable and the means available that allow for coordinated conduct

of the actions to be implemented;

c) Request the government to formulate requests for aid to other countries and to the

international organizations, through the competent bodies;

d) Determine the realization of exercises, simulacros or operational drills that

21

contribute to the effectiveness of all the services involved in actions of

civil protection;

e) Disseminate the official communiqués that show themselves appropriate to the situations

provided for in this Law.

4-A The Commission assists the Prime Minister and the Government in the exercise of their

competences in civil protection, particularly in the case provided for in the

point ( c) of Article 32 (2)

Article 37.

Composition of the National Commission on Civil Protection

1-A National Commission on Civil Protection is chaired by the Minister of Administration

Internal and hers are part of:

a) Delegates from the ministers responsible for the defence, justice sectors,

environment, economy, agriculture and forestry, public works, transport,

communications, social security, health and scientific research;

b) The President of the National Civil Protection Authority;

c) Representatives of the National Association of Portuguese Municipalities and of the

National Association of Freguestics;

d) Representatives from the League of Portuguese Firefighters and the National Association

of the Professional Firefighters.

2-Participate still in the Commission, representatives of the State-Biggest-General of the Forces

Armed, from the Republican National Guard, the Public Security Police, the

Judicial Police, of the National Council of Emergency Civil Planning, of the

Office Safety Coordinator, of the Maritime Authority, of the Authority

Aeronautics and the National Institute of Medical Emergency.

3-Regional governments may participate in the meetings of the Commission.

4-The President, when he considers it convenient, may invite to participate in the

meetings of the Commission other entities which, by their technical capacities,

scientific or other, may be relevant to the making of decisions within the

civil protection policies.

5-The secretariat and too much support for the meetings of the Council are ensured by the

National Civil Protection Authority.

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Article 38.

Civil Protection Distrital Commissions

1-In each district there is a District Commission for Civil Protection.

2-Compete to the District Commission for Civil Protection:

a) Actuate the elaboration, follow up the implementation and remit for approval by the

National Commission, the district emergency plans;

b) Follow up with policies directly connected to the civil protection system that

are developed by public servants;

c) Determine the actuation of Plans when this is justified;

d) Promote the realization of exercises, simulacros or operational drills that

contribute to the effectiveness of all the services involved in actions of

civil protection.

Article 39.

Composition of Discretal Committees

1-Integrate the respective district commission:

a) The Civil Governor, as the district officer in the civil protection policy, who

preside;

b) The District Operational Commander;

c) The maximum entities, or their qualified representatives, of the services

de-concentrates of the ministries identified in the a) of the Article 1 (1)

39.

d) The maximum responsible for the existing security forces and services in the

district;

e) A representative of the National Institute of Medical Emergency;

f) Three representatives of the municipalities of the district, designated by the ANMP;

g) A representative of the Portuguese Firefighters ' League.

2-A District Commission for Civil Protection is convened by the Civil Governor of the

district or, in his absence or hindrance, by whom he is by him assigned.

Article 40.

Municipal Civil Protection Committees

23

1-In each municipality there is a civil protection commission.

2-The competences of the municipal commissions are those provided for by the committees

distrials suitable to the reality and size of the municipality.

Article 41.

Composition of the Municipal Commissions

They integrate the Municipal Commission of Civil Protection:

a) The Mayor of the City Hall, as the municipal officer of the policy

civil protection, which presides;

b) The Municipal Operational Commander;

c) An element of the Command of each existing Firefighters Corps in the

municipality;

d) An element of each of the security forces present in the municipality;

e) The health authority of the municipality;

f) The maximum leader of the local health unit, or the director of the centre of

health, and the director of the hospital of the municipality's influence-area designated

by the Director-General of Health;

g) A representative of the National Institute of Medical Emergency;

h) A representative of the services of social security and solidarity;

i) Representatives of other entities and services, implanted in the municipality, whose

activities and functional areas can, in accordance with the existing risks and the

characteristics of the region, contribute to civil protection actions.

Article 42.

Permanent Subcommittees

The National, District or Municipal Commissions may determine the constitution of

permanent subcommittees, which have as their object the continuous monitoring of the

situation and civil protection actions, specifically in the areas of security against

floods, fires of different natures, nuclear accidents, biological or

chemists.

24

Article 43.

Local Units

1-Municipal Civil Protection Committees may determine the existence of

local units of civil protection, the respective constitution and tasks.

2-Local units must correspond to the territory of the freguesies and will

mandatorily chaired by the President of the Junta de Freguesia.

CHAPTER IV

Structure of civil protection

Article 44.

National Civil Protection Authority

Own degree establishes the National Civil Protection Authority by defining its

assignments and their organic.

Article 45.

Structure of civil protection

The civil protection structure organizes at the national, regional and municipal level.

Article 46.

Civil protection officers

1-Are civil protection officers, in accordance with their own assignments:

a) The bodies of firefighters;

b) The security forces;

c) The Armed Forces;

d) The maritime and aeronautical authorities;

e) INEM and too much health services;

f) The forest sappers.

2-A Portuguese Red Cross exercises, in cooperation with the remaining agents and of

harmony with its own status, functions of civil protection in the fields of

intervention, support, relief and health and social assistance.

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3-Impending special duty of cooperation with civil protection officers

mentioned in the previous number about the following entities:

a) Humanitarian associations of volunteer firefighters;

b) Security services;

c) National Institute of Legal Medicine;

d) Social security institutions;

e) Institutions with the purpose of relief and solidarity;

f) Organisms responsible for forests, nature conservation, industry and

energy, transport, communications, water resources and the environment;

g) Private and private security and relief services of public and private companies,

of ports and airports.

4-The agents and the institutions referred to in this Article, and without prejudice to their

steering, command and managerial structures, they articulate operationally in the terms

of the Integrated Protection and Relief Operations System (SIOPS).

Article 47.

Technical and scientific research institutions

1-The services and institutions of technical and scientific research, public or private,

with specific skills in domains with an interest in the pursuit of the

purposes set out in Article 4 of this Law, cooperate with the organs of

steering, planning and coordination that integrate the national protection system

civil.

2-A The cooperation develops in the following areas:

a) Surveying, forecasting, evaluation and prevention of collective risks of origin

natural, human or technological and analyses of the vulnerabilities of populations

and of the environmental systems to them exposed;

b) Study of appropriate forms of protection of buildings in general, of the

monuments and other cultural assets, of installations and infrastructure of

services and essential goods;

c) Research in the field of new equipment and technologies suitable for

search, rescue and provision of relief and assistance;

d) Study of appropriate forms of protection of natural resources.

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CHAPTER V

Civil protection operations

Article 48.

Integrated Protection and Relief Operations System

1-The Integrated System of Protection and Relief Operations (SIOPS) ensures the

unified command of the relief operations, articulating all the agents of

civil protection, according to an integrated system of standards and procedures.

2-The Integrated System of Protection and Relief Operations is regulated in diploma

own.

Article 49.

Relief Operations Centres

1-In situation of accident or disaster and in the case of danger of occurrence of these

phenomena, are triggered civil protection operations, of harmony with the

programs and emergency plans previously drawn up, with a view to enabling the

steering unit of the actions to be developed, technical and operational coordination

of the means to be committed and the appropriateness of the measures of exceptional character to be adopted.

2-Depending on the nature of the phenomenon and the severity and extent of its effects

predictable, are called to intervene centres of level relief operations

national, regional, district or municipal, specially designed to ensure the

control of the situation with recourse to integrated and eventual communications plants

overlap with alternative means.

3-The subjects relating to assignments, skills, composition and mode of

operation of the relief operations centres as well as the structure of

operational command of national, regional, district, or municipal scope, are

defined in the diploma referred to in paragraph 2 of the preceding Article.

Article 50.

Emergency plans

1-Emergency plans are drawn up in accordance with the directives emanating from the

National Committee on Civil Protection and establish, inter alia:

27

a) The typification of risks;

b) The identification of mobilizable means and resources, in an accident situation or

disaster;

c) The definition of the responsibilities incumbent on bodies, services and

structures, public or private, with competences in the field of protection

civil;

d) The criteria for mobilization and mechanisms for coordination of means and

resources, public or private, usable;

e) The operational structure that there is-to guarantee the steering unit and control

permanent of the situation.

2-Emergency plans, depending on the territorial extent of the situation vised, are

national, regional, district or municipal and, depending on their purpose, they are general

or specials.

3-Emergency plans are subject to periodic updating and must be the subject

of frequent exercises with a view to testing their operationality.

4-The emergency plans of national and regional scope, are approved,

respectively, by the Council of Ministers and the governing bodies of the

Regions.

5-Emergency plans for district and municipal scope are approved by the

National Committee on Civil Protection.

6-Emergency plans of national, district and municipal scope are drawn up,

respectively, by the National Civil Protection Authority, by the Governor

Civil and by the City Hall.

7-Civil protection officers collaborate in the elaboration and implementation of the plans of

emergency.

Article 51.

External aid

1-Unless treated or international convention to the contrary, the application and the granting of

external aid are the competence of the Government.

2-The products and equipment that constitute the external aid, requested or

granted, are exempt from any rights or fees, by their importation or

export, and priority should be given to the respective customs land disembark.

28

3-Are reduced to the indispensable minimum the formalities of crossing the

borders by people committed to civil protection assignments.

4-A The National Civil Protection Authority should provide for the constitution of teams of

rapid modular response with increasing preparedness degrees for the purpose of

activation, for internal and external acting.

CHAPTER VI

Armed forces

Article 52.

Armed forces

The Armed Forces collaborate, within the framework of their specific missions, on functions of

civil protection.

Article 53.

Collaboration request

1-Compete to the National Civil Protection Authority, through the National Command

of Relief Operations, request the State-Maj. General of the Armed Forces to

participation of the Armed Forces in civil protection functions.

2-Compete to the District Operational Commanders, ears the Governors Civilians,

and to the Municipal Operational Commanders, heard the Presidents of Chambers

Municipal, the solicitation to the National Operational Commander of the participation of the

Armed forces in civil protection functions in their respective operational areas.

3-In case of manifest urgency the Governors Civilians and the Presidents of Chambers

Municipal people can apply for the collaboration of the Armed Forces directly to the

commanders of the units deployed in the respective area, fit to the

District Operational Commanders or Municipal Commanders inform the Commander

National Operational.

4-Consideration cases of manifest urgency, those in which gravity and dimension

of the accident or disaster and the need for immediate performance are not compatible

with normal forwarding of the order through the predicted chain of command

in paragraphs 1 and 2 of this Article.

5-Compete to the National Operational Commander evaluate the type and dimension of aid to

29

request as well as the definition of priorities.

6-In the autonomous regions the collaboration must be requested by the government of the

region to Joint Operational Commanders, and knowledge must be given

to the Chief of the State-General of the Armed Forces and to the National Authority of

Civil Protection.

Article 54.

Forms of collaboration

The collaboration of the Armed Forces can rewear the following forms:

a) Actions for prevention and aftermath in fires;

b) Strengthening of civil personnel in the fields of salubrity and health in particular in the

hospitalization and evacuation of injured and sick;

c) Search and rescue actions;

d) Provision of equipment and logistical support for the operations;

e) Rehabilitation of infrastructure;

f) Enforcement of land, air and maritime recognitions and providing support

in communications.

Article 55.

Training and instruction

The Armed Forces promote the actions of training and instruction to the performance of the

its functions in the scope of civil protection, with the collaboration of the National Authority

of Civil Protection or other functionally relevant entities and services, in

Terms to be regulated by porterie of the Minister of National Defence.

Article 56.

Authorization to act

1-The Armed Forces are employed in civil protection functions, in the framework of

your specific missions, upon authorization of the Chief of the State-Major-General

of the Armed Forces.

2-In the event of manifest urgency, the authorization to act shall compete with the commanders

of the units deployed in the affected area for the requested effect.

30

3-In the autonomous regions, the authorization to act shall compete for the respective

joint operational commanders.

Article 57.

Chain of Command

Military forces and elements are employed under the chain of command of the Forces

Armed, without prejudice to the necessary articulation with the operational commands of the

structure of civil protection.

Article 58.

Forms of support

1-Programmed support is provided in accordance with the schedule in the programmes and plans of

emergency previously drawn up, after opinion favorable by the Armed Forces,

having, for so long, been integrated into the National Centre for Relief Operations and,

when necessary, at the lower level relief operations centres, an officer

of binding.

2-The unscheduled support is provided in accordance with the availability and priority of

employment of military means, by cabling to the State-General of the Armed Forces

the determination of the possibilities of support and the coordination of the actions to be developed

in response to the submitted requests.

CHAPTER VII

Final provisions

Article 59.

Civil protection in the state of exception or war

1-In a situation of war and in a state of site or state of emergency, the activities

of civil protection and the operation of the system established by this Law

subordinate themselves to the provisions of the National Defense Act and the Law on the Regime of the

State of Site and the State of Emergency.

2-In planning matters at the global, national and international level, the system

national civil protection board is articulated with the Civil Planning Council of

31

Emergency.

3-The Emergency Civil Planning Council and the National Authority of

Civil protection should simplify procedures and actions with a view to a better

integration of the civil protection system in the situations provided for in paragraph 1.

4-Compete to the National Civil Protection Authority to ensure representation in the

Committee on Civil Protection of NATO.

Article 60.

Autonomous Regions

1-In The Autonomous Regions, the civil protection services depend on the respective

organs of government of its own, without prejudice to the necessary articulation with the

competent national entities.

2-In The Autonomous Regions, the components of the civil protection system, the

liability on the respective policy and the structuring of the services of

constant civil protection of this diploma and the skills of it arising are

defined by diploma of the respective Regional Legislative Assemblies.

3-In The Autonomous Regions the plans for municipal-scope emergencies are

approved by the member of the Regional Government that guardiits the civil protection sector,

upon prior opinion of the Regional Office for Civil Protection, and given

knowledge to the National Commission on Civil Protection.

Article 61.

Insurance

They consider themselves to be null and void, not producing any effects, the clauses bets on

insurance contracts aiming to exclude the liability of insurers by the effect of

statement of the calamity situation.

Article 62.

Counter-ordering

Without prejudice to the sanctions already provided for, the Government defines the counter-ordinations

corresponding to the violation of the norms of this Law that imply duties and

necessary behaviors to the implementation of the civil protection policy.

32

Article 63.

Abrogation standard

1-A This Law shall prevail over all the general and special standards that are to be contradiced.

2-Are repealed the Act No. 113/91 of August 29, Law No. 25/96 of July 31, the

Decree-Law No. 477/88, of December 23, the Decree-Law No. 222/93 of 18 of

June, the Regulatory Decree No. 18/93 of June 28, the Regulatory Decree No.

20/93 of July 3.

Seen and approved in Council of Ministers of December 22, 2005

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs