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1 PROPOSAL of law No. 52/X explanatory memorandum the foundations of the legal system of civil protection were established in the early 90, through Act No. 113/91 of 29 August. Such a law, still in force (with the amendments introduced by law No. 25/96, of July 31), synthesizes a set of options that do not move away much of the European and international consensus. In fact, the structuring principles in this area reached some stability, enhancing the prediction, prevention, and response to crises and, finally, replacement of normality. The need to reconsider the regulatory bases cyclical civil protection will turn more to the need to adapt the system to changing administrative structure that the redefinition of the priorities action materials. The raison d ' être of this decree-law is based, therefore, on the need to introduce adjustments and improvements highlighted by experience, with direct reflections on accentuation of the integrated character, and functional operating system. Civil protection is a task for civic excellence. The your responsibility must be shared by all: the State to other public bodies, businesses to the public. Any area of the territory can be affected by some kind of risk, which highlights the need for a civil protection system that enhances the active and informed participation of all, and ensure the existence, in every circumscription, of human and material resources, operational and decision-making capacity, likely to intervene immediately in the event of an accident or disaster, but also When possible, predict and prevent. Despite the diffuse nature of the liability, the requirements of effectiveness and efficiency linked to make essential the role of the State, while element aggregator and Coordinator. The measures provided for in this Bill are organized around two complementary axes: on the one hand, the principle of subsidiarity, which points to a timely determination of the nature and severity of the occurrence and subsequent assessment of sufficiency of resources closer to her face; on the other hand, the principle of coordination, organizational perspective, and the principle of unity of command, operational perspective. While the first stresses the imperative of Guide 2 1 common among the many organic subsystems, that only the Government can match, the second highlights the need to ensure the direction of crisis management operations, without prejudice to the functional links specific to each intervener. In this context, the draft law aims to provide the various normative instruments of civil protection of a common evaluation, promoting the uniform interpretation and application and ensuring correct identification of the objectives. On the other hand, it is intended to fill a gap now evident in the current legal regime: the lack of integrated framework of legal acts and physical operations aimed at risk prevention, combat and crisis management and replenishment of normal living conditions, tiered depending on the severity of the occurrence that is intended to prevent or eliminate. It is, in the majority of cases, documents or physical operations already provided for the legal system, scattered and disconnected. This Bill integrates all these situations and organizes them according to a priority criterion, around the Declaration of alert situations, contingency and disaster. Thus, guarantees the adequacy of the system of civil protection at various geographical levels of responsibility and competence of administrative authorities. Where necessary, given the scope of the laminate assignments of organisations and bodies involved is corrected depending on the severity of the occurrence and nature of media called the Act. Thus, the law of civil protection, without prejudice to the sectoral regulatory developments that will surely result, assumes the fundamental framework of the instruments at the disposal of the various civil protection agents to prevent accidents or disasters, eliminate its effects and to provide for the replacement of normal living conditions. Finally, this Bill makes a deep reformulation of the structure underpinning the system of civil protection. The new scheme vectors principles refer to the ideas of simplicity and functionality. Civil protection activities don't sympathize with too rigid and heavy bureaucratic structures. In fact, the requirements of immediate response before the detection of actual or potential risks, hardly consistent with complex organizations dependent on various decision centers, used to slow procedures and, sometimes, of dubious utility. However, there are limits to the wishes of administrative simplification, arising in particular from 3 need to ensure the maintenance of means of occurrences, as imposed by the principle of subsidiarity. The organizational structure proposed here seeks precisely to achieve a balance between the complexity claimed by shedding the territories and powers, on the one hand, and the operational nature inherent to the function, on the other. From the organisational dome designed in this Bill, the integration of standards and procedures related to the various civil protection operations, linking all the civil protection agents, is the subject of degree of development. This Bill takes into account the contributions generated by the broad debate which aroused in public opinion, involving not only entities and institutions directly related to the protection and relief activity as individuality of civil society, national intelligence and academia in particular, which corresponded to the Government initiative to launch this diploma, with other contiguous materials related in public discussion that took place during the last November. Consultations should also be taken to the high authority for the media, the respect of the rule in paragraph 3 of article 22, and the Instituto de Seguros de Portugal as the standard of article 61 So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law : CHAPTER I objectives and principles article 1 civil Protection
1-civil protection is the activity developed by the State, autonomous regions and local authorities, by the people and for all the public and private entities, with the purpose to prevent collective risks inherent in casualty or disaster situations, to eliminate its effects, protect and help people and goods in danger when those situations occur.
4 2-civil protection activity have permanent, multi-disciplinary and multi-sectoral, fitting to all organs and Government departments to promote the conditions necessary for your implementation, in a decentralized manner, without prejudice to the mutual support between organisms and entities at the same level or from higher levels.
Article 2 territorial scope 1-civil protection is developed throughout the national territory. 2-in the autonomous regions the civil protection policies and actions are the responsibility of the regional governments. 3-within the framework of the international commitments and the rules of international law, the civil protection activities can be exercised outside the national territory, in cooperation with foreign States or international organisations of which Portugal is a party.
Article 3 Definitions of serious and catastrophic accident 1-major accident is an unusual event with relatively limited effects in time and space which can reach people and other living beings, property or the environment. 2-Disaster is the accident or series of accidents, liable to give rise to high damage and, eventually, victims, heavily affecting the living conditions and the socio-economic fabric in areas or throughout the national territory.
Article 4 objectives and fields of action 1-Are fundamental objectives of the civil protection: Prevent collective risks) and the occurrence of accident or catastrophe resulting from them; b) mitigate the risks and limit its effects in the case of the occurrences described in the preceding paragraph;
5 c) bail out and watch people and other living beings in danger, protect assets and environmental and cultural values of high public interest. 2-the activity of civil protection exercises in the following areas: Survey, forecasting, evaluation) and collective risk prevention; b) analysis of the vulnerabilities facing permanent risk situations; c) adequate information and training of populations to your awareness of self-protection and to cooperate with the authorities; d) emergency solutions planning in order to search, rescue, provision of relief and assistance, as well as the evacuation, accommodation and food supply of the people; and Inventory of resources and media) available and more easily deployable, at local, regional and national level; f) Study and dissemination of appropriate forms of protection for General buildings, monuments and other cultural assets, infrastructure, archival heritage, essential services, facilities and the environment and natural resources; g) forecasting and planning of actions concerning the possibility of isolation of areas affected by risks.
Article 5 Principles in addition to the General principles, enshrined in the Constitution and in the law, constitute special principles applicable to civil protection activities: the) principle of priority, which should be given to the further prevalence public interest concerning civil protection, without prejudice to the national defense, homeland security and public health, where weights are concerned interests conflicting with each other; b) precautionary principle, whereby the risk of accident or catastrophe must be considered so early, so as to eliminate their own causes, or reduce their consequences, when this is not possible; c) precautionary principle, according to which measures should be taken to decrease the risk of accident or catastrophe inherent in each activity, associating the presumption of imputation of any damage to the mere 6 violation of that duty of care; d) principle of subsidiarity, which States that the subsystems of top-level civil protection should only intervene if and insofar as the objectives of the civil protection cannot be achieved by the civil protection subsystem immediately below, the size and severity of the effects of the occurrences; e) principle of cooperation, which is based on the recognition that civil protection is award of the State, the autonomous regions and Local authorities and of citizens and of all the public and private entities; f) principle of coordination, that expresses the need to ensure, under the guidance of the Government, the linkage between the definition and the implementation of national policies, regional, district and municipal civil protection; g) principle of unity of command, which determines that all agents acting in the operational plan, articulately under a single command, without prejudice to their hierarchical and functional dependence; h) Principle, which translates the duty to ensure the dissemination of the relevant information in the field of civil protection, with a view to achieving the objectives set out in article 4.
Article 6 General and Special Duties 1-citizens and other private entities have the duty to cooperate in the pursuit of civil protection purposes, noting the preventive provisions of laws and regulations, taking orders, instructions and advice of the organs and agents responsible for internal security and civil protection and satisfying promptly requests that are rightly made by the competent authorities. 2-The employees and agents of the State and of legal persons of public law, as well as the members of the management bodies of the public enterprises, have the special duty to collaborate with the civil protection agencies. 3-responsible for the Administration, management or leadership of private companies whose operation, by the nature of your business, is subject to any specific form of licensing have, also, the special duty of collaboration with the organs and agents of civil protection.
7 4-disobedience and resistance to legitimate orders of the competent authorities, when practiced in alert situation, contingency or calamity, are sanctioned under the criminal law, and their feathers are always aggravated by one third in its minimum and maximum limits. 5-violation of duty laid down in paragraphs 2 and 3 shall, as appropriate, disciplinary and criminal liability under the law.
Article 7 information and training of citizens 1-citizens are entitled to information on the risks to which they are subject in certain areas of the territory and on the measures taken and to be taken to prevent or minimize the effects of an accident or disaster. 2-public information aims to enlighten people about the nature and the purposes of the civil protection, consciencializá them of the responsibilities that fall to each institution or individual and sensitize them regarding how to protect yourself. 3-educational programmes, in its various degrees, should ncluir, in the area of civic education, civil protection matters and self-protection, for the purpose of disseminating practical knowledge and rules of behaviour to be adopted in the event of an accident or disaster.
CHAPTER II, contingency, Disaster Alert section I General provisions article 8 alert, contingency, calamity 1-without prejudice to the permanent nature of the activity of civil protection, the competent organs may, depending on the nature of the events to prevent or tackle and the severity and extent of your current or potential effects: a) declare alert; b) Declare the contingency situation;
8 c) Declare the calamity situation. 2-The acts referred to in the previous paragraph correspond to the recognition of the adoption of appropriate measures and proportionate to the need to confront increasing degrees of danger, actual or potential. 3-the Declaration of alert, contingency situation and situation of calamity can refer to any territory by adopting a framework infra-municipal, municipal, or national supra-municipal. 4-the powers to declare the alert situation or contingency are circumscribed by the territorial scope of competence of the respective agencies. 5-the Minister of internal affairs can declare the alert or the contingency situation for the entire national territory or with the scope limited to a portion of the national territory.
Article 9 alert situations Assumptions, contingency, calamity 1-the situation of alert may be declared when the occurrence or imminence of any 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-the contingency situation can be declared when the occurrence or imminence of any or some of the events referred to in article 3 is recognized the need to adopt preventive measures and special measures or not available under reaction. 3-the situation of calamity can be declared when, in view of the occurrence or danger of occurrence of one or more of the events referred to in article 3, and to your predictable intensity, is recognition of the need to adopt exceptional measures designed to prevent, react or reset to normal living conditions in the areas affected by its effects.
Article 10 priority of 1 means and resources-the means and resources used to prevent or face the risk of accident or catastrophe 9 are provided for in the civil protection emergency plans or, in your absence or insufficiency, determined by the civil protection authority to assume the direction of the operations. 2-the means and resources used must conform to the objective, not exceeding the strictly necessary. 3-preference is given to the use of media and public resources on the use of resources and private resources. 4-the use of means and resources is determined according to criteria of proximity and availability.
Article 11 Obligation of cooperation 1-Declared one of the situations referred to in paragraph 1 of article 8, all citizens and other private entities are obliged, in the area concerned, to provide civil protection authorities the personal collaboration that is required, under the orders and directions which they are addressed and corresponding to their requests. 2-the refusal to comply with the obligation laid down in paragraph 1 corresponds to the crime of disobedience sanctionable under paragraph 4 of article 6 article 12 1 effect-Without prejudice to the need for publication, the acts declare alert situation or contingency situation, the order referred to in article 30, as well as the resolution of the Council of Ministers declares the situation of calamity produce immediate effects. 2-in the cases referred to in the preceding paragraph, the author of the Declaration must arrange for the widest dissemination of your content, taking into account the means available and, as soon as possible, ensuring your disclosure on the Internet page of the delivered and, or, from the Government.
10 SECTION II article 13 authority to Alert alert statement 1-it is up to the Mayor to declare a nationwide alert. 2-it is up to the Governor to declare the State of alert in all or part of your territorial jurisdiction preceded the hearing, whenever possible, of the Presidents of the Councils of the municipalities concerned.
Article 14 Act of warning statement the act declaring the alert situation mentions expressly: a) the nature of the event which caused the situation declared; b) temporal and territorial scope; c) the coordinating structure and control of the means and resources to be made available.
Article 15 of the Declaration of material Scope 1-alert in addition to the measures specifically determined by the nature of the occurrence, the Declaration of alert has expressly: the obligatory call) depending on the scope, municipal, district committees or civil protection national; (b) the establishment of appropriate procedures) the technical and operational coordination of services and civil protection agents as well as the resources to be used; c) the establishment of guidelines on procedures for coordination of the intervention forces and security services; d) preventive measures appropriate to the situation. 2-the Declaration of alert determines a special obligation of cooperation of the media, in particular radio and television, with the 11 coordinating structure referred to in point (c)) of the preceding article, aiming at the dissemination of relevant information on the situation.
SECTION III article 16 jurisdiction Contingency contingency statement
The Declaration of the contingency situation rests with the Governor in your territorial jurisdiction preceded the hearing, whenever possible, of the Presidents of the Councils of the municipalities concerned.
Article 17 contingency claim Act the act declaring the contingency situation mentions expressly: a) the nature of the event which caused the situation declared; b) temporal and territorial scope; c) the coordinating structure and control of the means and resources to be made available; d) inventory procedures of damages caused; and grant) the criteria material and financial support.
Article 18 Scope of material contingency statement 1-the Declaration of the contingency situation covers the measures set out in article 15 2-in addition to the measures specifically determined by the nature of the occurrence, the contingency situation Declaration provides expressly: the obligation to convene) district or national civil protection; b) activate emergency plans related to areas covered; c) the establishment of specific directives concerning the operational activity of the civil protection agents;
12 d) the establishment of framework criteria relating to foreign intervention and the operational coordination of forces and security services and Armed forces, in accordance with the applicable regulations, raising their level of readiness, in accordance with the provisions of applicable emergency plan; and application and placement) under the coordination of the structure indicated in subparagraph (c)) article 17 of all systems of surveillance and detection of risks, as well as of the organizations and institutions, whatever your nature, whose knowledge might be relevant to the prediction, detection, warning and risk assessment and emergency planning.
SECTION IV Article 19A Calamity to calamity Declaration Declaration of disaster situation is the responsibility of Government and the form of resolution of the Council of Ministers.
Article 20 early Recognition to resolution of the Council of Ministers referred to in the preceding article may be preceded by joint decree of the Prime Minister and the Minister of Internal Affairs recognising the need to declare a State of calamity, with the effects provided for in article 30 article 21 Act of Declaration of calamity the resolution of the Council of Ministers declares the situation of calamity mentions expressly : a) the nature of the event which caused the situation declared; b) temporal and territorial scope;
13 c) the structure of coordination and control of the means and resources to be made available; d) inventory procedures of damages caused; and grant) the criteria material and financial support.
Article 22 Scope of calamity Declaration 1 material-the Declaration of disaster situation covers the measures set out in articles 15 and 18 2-in addition to the measures specifically determined by the nature of the occurrence, the Declaration of disaster situation, taking into account the criteria of the competent authorities on the basis of matter, may provide for: a) the requirement for convening of the National Commission for Civil Protection; b) the activation of the emergency national plan; c) the establishment of health and safety fences; d) limits or conditions on the movement or residence of people, other living creatures or vehicles, including placing collective controls to prevent the spread of epidemic outbreaks; and) streamlining the use of public transport, communications, water and energy supply, as well as the consumption of basic necessities; f) determining the civil mobilization of people, for certain periods of time. 3-the Declaration of the State of calamity can, for reasons of security or of operations, establish limitations on access and movement to persons unknown to operations, including the media.
Article 23 access to natural and energy resources 1-the Declaration of the State of calamity is a sufficient condition for the free access of civil protection to private property, in the area concerned, as well as the use of natural resources or private energy, in so far as is strictly necessary for the implementation of measures designed to restore normal living conditions 14. 2-the legal acts or physical operations adopted in implementation of the Declaration of State of calamity to counteract the effects of an accident or disaster, assume-if committed in a State of need.
Article 24 temporary Requisition of goods and services 1-the Declaration of disaster situation implies the recognition of the need for temporarily ordering goods or services, in particular as regards verification of the urgency and the public interest and that underlie the national request. 2-the solicitation of goods or services is determined by joint decree of the Ministers of Internal Affairs and of finance, fixing your subject, the beginning and the end use, predictable operating entity receiving and the entity responsible for paying compensation for any losses resulting from the request. 3-apply mutatis mutandis the rules relating to compensation for the temporary requisition of properties listed in the code of Expropriations.
Article 25 Mobilization of civil protection and rescue.
1-employees, agents and other employees of the direct and indirect public administration, including the autonomous, that cumulatively hold acting as agent of civil protection and rescue, dismissed the public service when they are called by their body in order to face an event subject to Declaration of calamity. 2-the exemption referred to in the preceding paragraph, when the source is service civil protection agent is preceded by authorization of the respective governing body. 3-procedural rules relevant to the application of paragraph 1 are laid down in the resolution of the Council of Ministers carrying out the Declaration of the State of calamity. 4-the resolution of the Council of Ministers carrying out the Declaration of disaster situation establishes the conditions of exemption from work and mobilising private sector workers that perform related functions cumulatively
15 or cooperation with civil protection services or for help.
Article 26 use of soil 1-the resolution of the Council of Ministers carrying out the Declaration of the State of calamity, can determine the suspension of municipal land use plans and, or, special plans of spatial planning, in chunks delimited the area covered by the Declaration. 2-the areas covered by the Declaration of calamity are considered subject areas of special protection measures, taking into account the nature of the event that determined, being conditioned, restricted or prohibited, pursuant to the following paragraph, shares 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 State of calamity must establish preventive measures necessary for the provisional regulation of land use, by applying mutatis mutandis the provisions of articles 7 to 13 of the Decree-Law No. 794/76, of 5 November. 4-Notwithstanding the provisions of paragraph 1, the municipalities covered by the Declaration of calamity are heard with regard to the establishment of the measures provided for in the preceding paragraphs, as soon as circumstances permit. 5-amendment of the municipal land-use plans and, or, of the special plans of spatial planning, should be completed within two years after the start of the suspension. 6-The territorial management instruments should establish the behaviors likely to impose on users of the soil, taking into account the risks to the public interest relating to civil protection, in particular in the fields of infrastructure construction, the implementation of measures for the development and placing under surveillance programs. 7-change procedures of the territorial management instruments referred to in the preceding paragraphs, in particular at the stage of monitoring and coordination, the Coordination Committee should include a representative of the Ministry of internal affairs.
16 article 27 right of pre-emption-1 is granted the right of first refusal to the municipalities in consideration, between individuals, of land or buildings situated in the area bounded by the Declaration of calamity. 2-the right of preference is granted for a period of two years. -3 shall apply mutatis mutandis to the exercise of the option provided for in paragraph one, the legal regime established in articles 27 and 28 of Decree-Law No. 794/76, of 5 November, and supplementary regulations, 4-individuals wishing to dispose of buildings covered by the right of pre-emption of the municipalities shall communicate the desired transmission to the Mayor.
Article 28 special arrangements for recruitment of public works contracts, supplies of goods and services acquisition 1-hiring of public works contracts, supply of goods and services acquisition in order to prevent or remedy as a matter of urgency, to situations arising from the events that determined the State of calamity declaration shall be subject to this special scheme. 2-By joint decree of the Ministers of Home Affairs and finance, is published the list of entities authorized to proceed for a period of two years, the direct award of contracts referred to in the preceding paragraph whose global cost estimate by contract, not considering the VAT is lower than the thresholds laid down for application of the Community directives on public procurement. 3-contracts concluded under this scheme are exempted from the prior approval of the Court of Auditors. 4-The award of contracts made under this exceptional regime must be reported to the Ministry of Internal Affairs and the Ministry of finance, in order to ensure compliance with the principles of publicity and transparency of the recruitment.
17 article 29 Aid intended for the normal replacement of the living conditions of the special legislation concerning social benefits, incentives to economic activity and financing of local authorities lays down the provisions applicable to the situation of disaster, with a view to the restoration of normal living conditions in the affected areas.
Article 30 1 emergency dispatch-the joint decree of the Prime Minister and the Minister of Internal Affairs provided for in article 20 may, therefore, adopt the measures provided for in article 22, with the exception of those referred to in paragraph 1(e)) and f) of your paragraph 2. 2-since provided for in applicable emergency plan, the measures laid down in articles 23 and 24 can be taken in the order referred to in the preceding paragraph. 3-the order referred to in paragraph 1 produces the effects provided for in paragraph 1 of article 22 CHAPTER III framework, coordination, direction and execution of civil protection policy section I article 31 policy Direction Parliament 1-the Parliament contributes, by exercising your political, legislative and financial competence, to frame the civil protection policy and to monitor your running. 2-The parties represented in Parliament are heard and reported regularly by the Government on the progress of the main subjects of civil protection policy. 3-the Government reports periodically to Parliament on the situation in the country as regards civil protection, as well as on the activity of bodies and services responsible for her 18.
Article 32 1 Government-civil protection policy is the responsibility of the Government, which, in its program, it must register the main guidelines to adapt or propose in that domain. 2-the Council of Ministers shall: a) to define the broad outlines of Government policy of civil protection, as well as your running; b) Program and ensure the means to assist the implementation of civil protection policy; c) Declare the situation of calamity; d) Adopt, in the case referred to in the preceding paragraph, exceptional measures designed to restore normal living conditions in the affected areas; and) resolving on the extraordinary allocation of financial resources necessary for the implementation of the measures provided for in the preceding paragraph; 3-the Government should hear first the Government organs of the autonomous regions about taking measurements of your competence, pursuant to the preceding paragraphs, specifically applicable to them.
Article 33 Prime Minister
1-the Prime Minister is responsible for the direction of civil protection policy, competing him in particular: to coordinate and guide action) of the members of the Government on matters relating to civil protection; b) ensure compliance with the powers laid down in article 32. 2-the Prime Minister may delegate the powers referred to in the preceding paragraph in the Minister of internal affairs.
19 article 34 Civil Governor 1-it is the civil Governor, in the exercise of functions of responsible civil protection policy district, trigger, in the imminence or occurrence of accident or catastrophe, civil protection actions of prevention, rescue, relief and rehabilitation appropriate in each case. 2-the civil Governor is supported by the district center of relief operations and the other civil protection agents district-wide.
Article 35 the Mayor 1-the President of the City Council, in the exercise of functions of responsible municipal civil protection policy, trigger, in the imminence or occurrence of accident or catastrophe, civil protection actions of prevention, rescue, relief and rehabilitation appropriate in each case. 2-the Mayor is backed by the Municipal Center of relief operations and the other civil protection agents of municipal scope.
SECTION II commissions and Civil Protection Units article 36 National Commission for Civil Protection 1-the National Commission of Civil Protection is the coordinating body in the field of civil protection. 2-the Commission: a) ensure that the general lines of the Government policy of civil protection in all services of the Administration; b) Appreciate the General bases organization and operation of the bodies and departments which, directly or indirectly, to perform functions of civil protection; c) Appreciate the agreements or conventions on international cooperation in the field of civil protection 20; d) Enjoy the national emergency plans, or municipal district; and) give an opinion on the contingency plans drawn up by the Governments of the autonomous regions; f) Adopt institutional collaboration mechanisms between all bodies and departments with responsibilities in the field of civil protection, as well as forms of technical and operational coordination of activity as those developed within the framework of their specific statutory assignments; g) Proceed to the recognition of criteria and technical standards on the Organization of the inventory of resources and means, both public and private, deployable at the local level, national, regional, or district, in the event of a major accident or disaster; h) Set the criteria and technical rules on the drawing up of emergency plans; I) define the priorities and the objectives set for the escalation of efforts of the organizations and structures with responsibilities in the field of civil protection, regarding your preparation and participation in joint civil protection tasks; j) approve and monitor the initiatives aimed at the public disclosure of the purposes of the civil protection and raising public awareness for self-protection and for the cooperation to be provided to agencies and agents engaged in that activity; l) Appreciate and approve the forms of external cooperation bodies and structures of civil protection system develop in the areas of their specific duties and responsibilities. 3-it is the responsibility of the Commission: a) Trigger the actions foreseen in the contingency plans and ensure the conduct of civil protection operations arising therefrom; b) Enable fast and efficient mobilization of organizations and personnel indispensable and of the means available to allow the coordinated conduct of actions to be implemented; c) request the Government to formulate requests for assistance to other countries and international organizations, through the competent organs; d) order of exercises, simulations or operating 21 practice contribute to the effectiveness of all services involved in civil protection actions; and disseminate the official releases) that are tailored to the situations provided for in this law. 4-the Commission assists the Prime Minister and the Government in the exercise of its competence in the field of civil protection, in particular in the case referred to in point (c)) of paragraph 2 of article 32 article 37 composition of the National Commission on Civil Protection 1-the National Civil Protection Committee is chaired by the Minister of Internal Affairs and her part: a) Delegates of the Ministers responsible for defence sectors , justice, environment, economy, agriculture and forestry, public works, transportation, 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 the National Association of Parishes; d) representatives of the League of Portuguese firefighters and the National Association of professional firefighters. 2-Participating still in Commission, representatives of the General staff of the armed forces, the National Republican Guard, the gendarmerie, the judicial police, the National Council of Civil-emergency planning, the Security Coordinator, Office of Maritime, Aeronautical Authority Authority and the National Institute of medical emergency. 3-the regional governments can participate in the meetings of the Commission. 4-the President, if it considers this appropriate, may invite to participate in the meetings of the Committee other bodies who, through their technical capabilities, scientific or other, may be relevant for decision-making in the field of civil protection policies. 5-the Secretariat and other support to meetings of the Council are provided by the National Civil Protection Authority.
22 article 38 district committees of Civil Protection 1-In each district there is a District of Civil protection. 2-the Commission Civil Protection District: a) press the elaboration, monitoring the implementation and send for approval by the National Commission, the district emergency plans; b) Follow the policies directly related to civil protection system to be developed by public officials; c) Determine the actuation of the plans as appropriate; d) promote achievement of exercises, simulations or operating practices that contribute to the effectiveness of all services involved in civil protection actions.
Article 39 the composition of district committees
1-Integrate the respective District: a) the Civil Governor, as head of the civil protection policy district, who chairs; (b)) the operational commander District; c) maximum entities, or their representatives, of the decentralised services of the ministries identified in subparagraph (a)) of paragraph 1 of article 39; d) leaders and forces existing security services in the district; and) a representative of the National Institute of medical emergency; f) Three representatives of the municipalities of the district, appointed by the ANMP; g) a representative of the League of Portuguese firefighters. 2-the District Civil Protection Committee is convened by the Civil Governor of the district or, in your absence or impediment, by whom he is appointed.
Article 40 Municipal Civil Protection Committees 23 1-In each municipality there is a Commission of civil protection. 2-the powers of municipal committees are those laid down for the district committees appropriate to the reality and size of the municipality.
Article 41 Municipal committees Composition of the Municipal Civil Protection Commission: a) the Mayor, in charge of civil protection policy, presiding; (b)) the operational commander Hall; c) an element of the command of each existing fire department in the municipality; d) an element of each of the security forces present in the municipality; and the health authority) municipality; f) maximum leader of the local health unit, or the director of the health center, and the director of the hospital of the area of influence of the city, appointed by the Director-General of health; g) a representative of the National Institute of medical emergency; h) A representative of the social security services and solidarity; I) Representatives of other entities and services deployed in the city, whose activities and functional areas may, in accordance with the risks and characteristics of the region, contributing to civil protection actions.
Article 42 Permanent Subcommittees, National Committees or Municipal District may determine the establishment of permanent subcommittees, which are subject to the ongoing monitoring of the situation and the actions of civil protection, in particular in the areas of security against floods, fires of different natures, nuclear, biological or chemical accidents.
24 Article 43 local units 1-The Municipal Civil Protection Committees may determine the existence of local civil protection units, its Constitution and tasks. 2-local units must correspond to the territory of the parishes and will be presided over by the President of the compulsory Parish Council.
CHAPTER IV Structure of civil protection article 44 Diploma Civil Protection national authority own imposing Civil Protection National Authority defining its tasks and its organic.
Article 45 civil protection Structure the structure of civil protection is organised at national, regional and municipal level.
Article 46 1-civil protection Agents Are civil protection agents, according to their own assignments: a) the bodies of firefighters; b) security forces; c) Armed Forces; d) maritime and aeronautical authorities; and) the INEM and other health services; f) deminers. 2-the Portuguese Red Cross, in cooperation with the other actors and in accordance with your rights, civil protection functions in the areas of intervention, support, help and health and social assistance.
25 3-special duty Is to cooperate with the civil protection agents mentioned in the preceding paragraph on the following entities: the) humanitarian Associations volunteer firefighters; b) security services; c) National Institute of Legal Medicine; d) social security institutions; and institutions with relief purposes) and solidarity; f) bodies responsible for forests, nature conservation, industry and energy, transport, communications, water resources and environment; g) security services and private relief of public and private companies, ports and airports. 4-the agents and institutions referred to in this article, and without prejudice to their management structures, command and leadership, articulates operationally pursuant to integrated system of Protection and relief operations (SIOPS).
Article 47 scientific and technical research 1-services, and technical and scientific research institutions, public or private, with specific competence in areas of interest to the attainment of the objectives set out in article 4 of this law, shall cooperate with the organs of management, planning and coordination of the national system of civil protection. 2-develops cooperation in the following areas: a) survey, forecasting, evaluation and collective risk prevention of natural origin, technological or human and analysis of the vulnerabilities of populations and environmental systems they exposed; b) Study of appropriate forms of protection for General buildings, monuments and other cultural assets, facilities and infrastructure for services and supplies; c) research in the field of new technologies and equipment appropriate to the search, rescue and relief and assistance provision; d) Study of appropriate forms of protection of natural resources.
26 chapter V article 48 civil protection Operations integrated system of Protection and relief operations 1-Integrated system of Protection and relief operations (SIOPS) ensures the unified command of relief operations, linking all the civil protection agents, according to an integrated system of standards and procedures. 2-the Integrated System of Protection and relief operations is controlled in own diploma.
Article 49 Relief Operations Centers
1-in case of accident or catastrophe and in case of risk of occurrence of these phenomena, trigger civil protection operations, in line with the programs and emergency plans prepared in advance, with a view to enabling the Steering unit of actions, the coordination of technical and operational means to engage and the adequacy of the exceptional measures to be adopted. 2-depending on the nature of the phenomenon and the gravity and extent of the foreseeable effects, are involved in relief operations centers at national, regional, or municipal district, especially designed to ensure control of the situation with the central feature of integrated communications and possible overlap with alternative means. 3-The matters affecting the duties, powers, composition and mode of operation of relief operations as well as operational command structure of national, regional, or municipal district, are defined in the decree-law referred to in paragraph 2 of the preceding article.
Article 50 1-contingency plans contingency plans shall be drawn up in accordance with the directives issued by the National Commission on Civil Protection and, in particular: 27 a) the type of risks; b) identification of means and resources available, in case of accident or disaster; c) the definition of the responsibilities of the bodies, services and public or private structures with competences in the field of civil protection; d) the criteria for mobilization and coordination mechanisms of the means and resources, public or private, usable; and operational structure) to ensure the Steering unit and the continuous monitoring of the situation. 2-emergency plans, according to the territorial extension of the situation concerned, are national, regional, or municipal district and, depending on your purpose, are general or specific. 3-emergency plans are subject to periodic update and should be the subject of frequent exercises in order to test your operation. 4-The emergency plans of national and regional, are adopted, respectively, by the Council of Ministers and the Government organs of the Regions. 5-The emergency plans of district and municipal scope are approved by the National Commission for Civil protection. 6-The national emergency plans, municipal district and are prepared, respectively, by the National Civil Protection Authority, by the Civil Governor and the City Council. 7-civil protection agents collaborate in the elaboration and implementation of emergency plans.
Article 51 foreign aid 1-Saved Treaty or International Convention to the contrary, the application and the granting of foreign aid are the responsibility of the Government. 2-the products and equipment that constitute the external aid requested or granted, are exempt from any duties or fees, for your import or export, and should give priority to its customs clearance.
28 3-are reduced to the minimum indispensable border crossing formalities for people involved in civil protection missions. 4-the National Civil Protection Authority should provide for the establishment of rapid response teams with modular degrees of increasing readiness for the purpose of activation, for internal and external action.
CHAPTER VI Article 52 armed forces Military Armed Forces collaborate within their specific missions, in civil protection functions.
Article 53 1 collaboration request-it is up to the National Civil Protection Authority, through the National Command of relief operations, prompting the General staff of the armed forces the participation of armed forces in civilian protection roles. 2-it is the responsibility of the Operational Commanders, District Civil Governors, ears and Operational commanders, ears, the Presidents of the Municipal Councils, the request to the operational commander of the National Armed forces participation in civil protection functions in the respective operational areas. 3-In case of manifest urgency Governors Civilians and the Presidents of Municipalities may request the collaboration of the armed forces directly to the commanders of the units deployed in the area, and District or municipal Operational commanders inform the National operational commander. 4-shall be considered cases of manifest urgency, those in which the gravity and scale of the accident or disaster and the need for immediate action are not compatible with the normal forwarding of request through the chain of command as provided for in paragraphs 1 and 2 of this article. 5-it is the National operational commander to evaluate the type and dimension of aid to 29 apply as well as the definition of the priorities. 6-in the autonomous regions to cooperation must be requested by the Government of the region to the joint operational Commanders and should be given to the Chief of the General staff of the armed forces and Civil Protection national authority.
Article 54 forms of collaboration collaboration of the armed forces may take the following forms: a) preventive action and aftermath in fires; b) strengthening of civilian personnel in the fields of hygiene and health in particular in hospitalization and evacuation of wounded and sick; c) search and rescue activities; d) provision of equipment and logistics support to operations; and Rehabilitation of infrastructure;) f) execution of ground, air and maritime awards and providing support in communications.
Article 55 training and Armed Forces statement promote training and instruction to their duties in the field of civil protection, with the collaboration of the National Civil Protection Authority or other entities and functionally relevant services, in accordance with the regulations by order of the Minister of national defence.
Article 56 1 action permit-the armed forces are employed in civil protection functions within their specific missions, with the permission of the Chief of the General staff of the armed forces. 2-In case of manifest urgency, authorization to act it is the responsibility of the commanders of the units deployed in the affected area for the purpose requested.
30 3-in the autonomous regions, the authorisation to act it is the responsibility of the respective joint operational commanders.
Article 57 chain of command
Forces and military elements are employed under the chain of command of the armed forces, without prejudice to the necessary articulation with the operational commands of the structure of civil protection.
Article 58 1 support-programmed support is provided in accordance with the provisions of emergency plans and programs previously produced, after a favourable opinion of the armed forces, to this end, integrated in the National Center of relief operations and, when necessary, relief operations centers, a liaison officer. 2-the unscheduled support is provided according to the availability and priority employment of military assets, and the General staff of the armed forces determining the possibilities for support and coordination of the actions to be undertaken in response to requests submitted.
CHAPTER VII final provisions article 59 civil Protection in State of emergency or of war 1-in a situation of war and a State of siege or State of emergency, civil protection activities and the functioning of the system established by this law are subject to the provisions of the National Defense Law and the law on the Regime of the State of siege and State of emergency. 2-planning the global, national and international level, the national system of civil protection articulates with the Planning Council 31 Civil emergency. 3-the Council of Civil-emergency planning and Civil Protection national authority should simplify procedures and actions with a view to better integrating the system of civil protection in the situations provided for in paragraph 1. 4-it is up to the National Civil Protection Authority to ensure representation in the Civil Protection Committee of NATO.
Article 60 autonomous regions 1-in the autonomous regions, civil protection services depend on the respective Government agencies own, without prejudice to the necessary coordination with the competent national authorities. 2-in the autonomous regions, the components of the civil protection system, responsibility for its policy and structuring of the civil protection services in this diploma and skills under it are defined by degree of their Regional legislative assemblies. 3-in the autonomous regions under emergency plans are approved by a member of the municipal Regional Government governing the civil protection sector, upon prior opinion of the Regional Civil Protection Service, and notified to the National Commission on Civil protection.
Article 61 shall be considered void, Insurance not producing any effects, the clauses in insurance contracts betting in order to exclude the liability of insurers through Declaration of calamity.
Article 62 administrative offences without prejudice to the penalties already provided for, the Government sets the corresponding to offences violating the provisions of this law which involve duties and behaviours necessary for the execution of civil protection policy.
32 article 63 1-set the Standard this Act takes precedence over all the General and special rules that contradict. 2-Are repealed the Act No. 113/91 of 29 August, the law No. 25/96 of 31 July, Decree-Law No. 477/88, of 23 December, Decree-Law No. 222/93 of 18 June, the implementing Decree No. 18/93 of 28 June, the implementing Decree No. 20/93 of July 3.
Seen and approved by the Council of Ministers of 22 December 2005 the Prime Minister the Minister of Parliamentary Affairs Minister Presidency
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