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Grants Permission To Government, In The Context Of Licensing Of The Occupation And Use Of Land, Services And Equipment, As Well As The Exercise Of Any Activity In The Areas Of The Airport, Public Domain Review Decree-Law No 102/90 Of 21 D

Original Language Title: Concede ao Governo autorização para, no âmbito do licenciamento da ocupação e utilização de terrenos, serviços e equipamentos, bem como do exercício de qualquer actividade nas áreas do domínio público aeroportuário, rever o Decreto-Lei n.º 102/90, de 21 d

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PROPOSED LAW NO. 96 /X

Exhibition of Motives

The occupation and use of land, services and equipment at airports, as well as

the exercise of any activity in their respective areas, by settling on the use

deprivation of goods from the public domain, is governed in our legal planning by

administrative law standards designed to ensure, in a prevalent manner, the

realization of the collective interest and its primacy over particular interests.

The experience meanwhile accumulated comes, however, by demonstrating and evidencing the

disadjustment of the solutions set out in the Decree-Law No. 102/90, 21

of March, however amended by Decree-Law No. 280/99 of July 26 to the requirements

hodiernas of best attracting capital and private initiative, as well as from better

harnessing and surrendering the management and use of the airport areas, with

special focus on the development of business, services and activities not

directly associated with the airport activity.

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:

Article 1.

Subject

The government is granted legislative authorization for, in the framework of the licensing of

occupation and use of land, services and equipment, as well as the exercise of

any activity in the areas of the airport public domain, revise the Decree-Law

n. 102/90 of March 21, as amended by Decree-Law No. 280/99 of July 26.

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Article 2.

Sense

The authorisation referred to in the previous article is granted in the sense of allowing the

consecration of solutions and tools for the management and use of airport areas

more dynamic and flexible, which allow to ensure an intervention capacity of the

respective managing entities more efficient, more productive and better adapted to the

development of airport and non-airport activities in these areas.

Article 3.

Extension

The revision of the existing legislation in the terms of the authorization conferred through the

present law shall establish:

a) New forms of selection of holders of land tenure permits,

editions or other facilities and exercise of any activity in the area of

airports and public aerodromes, eliminating the rule of tendering requirement

public for assignment of licences and broadening the possibilities of choice of

licence holders independently of tendering, specifically when:

i. The previous procedure used for the same purpose has been deserted,

no candidature has been admitted or all applications have been accepted

presented have been deemed unacceptable;

ii. The licence must be assigned to a given entity on the grounds of

technical specificity, protection of exclusive rights or

intellectual property, or yet for reasons of imperative imperative urgency

of unforeseeable events for the licensor entity, and to the extent

of the strictly necessary;

iii. Land, facilities or venues to be licensed are intended for activities that

are supplementary, extensions, or extensions of another realized (s)

by the same holder and already the subject of previous licensing or show

inconvenience on grounds of commercial, safety or otherwise

operationality of the airport or aerodrome, the existence simultaneously of

several licensed entities for the same purpose;

iv. Whether it deals with licensing of area sites equal to or less than 50 m2,

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regardless of the end to which they are intended.

b) New deadlines for the duration of the licences in accordance with the following rules:

i. The initial term of the licence duration shall not, as a rule, be higher than

five years;

ii. The global period of duration of licences, including possible extensions,

must not be more than 20 years;

iii. The licences that involve the realization of significant investments by the

their holders in the deployment of constructions, installations or equipment

necessary to the licensed activities, or in the exercise of activities of

special complexity, the amortization of which requires a maturity of more than five

years, may be heard for an initial term not exceeding 40 years, no

may this time limit and their extensions exceed, in any case, 50

years.

c) Standards that safeguard the control, by the conceding entity, of the realization of

any operations on the goods the use of which it is granted, in the form of a

prior authorization regime;

d) Standards that ensure the responsibility of licence holders by the

maintenance, repair, conservation and safety of land, constructions and

licensed facilities;

e) Standards that safeguard that the staff of licence holders are subjected to the

oversight by public entities with jurisdiction over the area;

f) Standards that carry out the possibility of transmission and burdening of licences,

safeguarding the need for permission by the conceding entity and the

requirement of suitability requirements on the part of the competitor;

g) A regime of vicissitudes of the licences that ensures the relevance of the interest

public and possess on the compensation scheme for the holders, determining the

ressarcibility of the damage suffered by realisation of investments not

amortized, but admitting caveats by law, license or agreement;

h) A scheme for setting fees for the use of the airport public domain,

that clarifies the allocation of responsibilities between the licensor entities and

the National Institute of Civil Aviation and which constract a regime of non-subjection to

rates of public entities with responsibilities for national defence,

safety, civil protection and related;

i) A scheme for the guarantee of the claims of public entities relating to fees and

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respective interest of mora, which allows the establishment of privileges

receivables and the disposal of the assets of the debtors.

Article 4.

Duration

The present legislative authorization has the duration of 90 days.

Seen and approved in Council of Ministers of September 21, 2006.

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

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Decorations more than 15 years on the publication of the Decree-Law No. 102/90, 21 of

March, which approves the legal regime of the licensing of the disenfral use of the goods of the

airport public domain and the exercise of activities at airports and

public aerodromes, and which was meanwhile changed by the Decree-Law No. 280/99, 26 of

July, it is apparent that that one finds itself unfit to the new realities and activities

relevant socio-economic, constituting himself, often, an obstacle to the

reformulation, aiming at better harnessing and surrendering management and

use of the airport areas, in particular through the materialization of

attracting and fastening operations, in the vicinity of airports, investment and

Entrepreneurship initiative.

It is therefore important to implement more efficient forms and tools of management and

operation of airport spaces, which allow for development, consolidation

and expansion, at the airport perimeter, of more business, services and activities

usually known as non-aviation By the complementary synergies

arising from the respective attraction of capital and initiative.

In this sense, it is intended to materialize more flexible legal hiccups that, having

present the complexity and the interest of the developed activities, enable the

more efficient and cost-efficient dynamisation and leavening of service provision and

existing products at airports and public aerodromes, specifically

diversifying them by new non aviation areas, as well as providing the respective

managing entities of a more agile responsiveness and commercial intervention and

better adapted to the different solicitations and, to that extent, more productive and effective.

For this purpose, various innovations and changes in the legal regime are introduced.

constant of Decree-Law No. 102/90 of March 21, of which stands out the adoption of

new procedures, more Celres and simplified, selection and allocation of licences

to private individuals, as well as the consecration of the possibility of extension of the term

initial of the licences when the attraction and investment fixation is involved

particular relevant or significant, specifically in the deployment of constructions,

facilities or equipment, or in the exercise of activities of particular complexity.

It is further signed up to the clarification made in respect of the universe of rights and

duties that assist all parties involved in the legal relationships titled by the

licences, in particular in what concerne to the building by private individuals in the spaces

airports, to the constitution of real and obligational guarantees as well as to the

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transmission and cessation of licences.

It is also signed the clarification carried out in relation to the object and scope of the situations

of exemption from fees referred to in Article 16 (2) of the Decree-Law No. 102/90, 21 of

March, which go on to focus only on the minimum areas and means of transport

officers or of the service that the public authorities indicated in that legal precept

need for the exercise of their assignments at airports.

It stands out, too, the more rigorous delimitation that has been carried out as to the scope of

intervention of the National Institute of Civil Aviation (INAC) in the fixation of the

quantitative of the rates, by cinging it only to those regarding the occupation and exercise

of activities in which, by its nature and object, that Institute possesses competences

and powers of regulation.

It stands out by end, the normative densification adopted for legal figures, already

provided for in the Decree-Law No. 102/90 of March 21, although not regulated, of the

suspension of licences and retention of goods for payment of the amounts in debt

in the situations of default by their holders of their respective obligations.

Thus:

In the use of the legislative authorization granted by the article ... of the Law n.., de ....., and in the

terms of the point b) of Article 198 (1) of the Constitution, the Government decrees the

next:

Article 1.

Amendment to Decree-Law No 102/90 of March 21

Articles 2, 3, 5, 8, 10, 12, 13, 14, 15, 16, 20, 20, 20, 20, 20, 20, 20, 20, 20, 20

21, 23, 24, 26, and 31 and 31 of the Decree-Law No. 102/90 of March 21, which

discipline the licensing of the privative use of the goods from the airport public domain

and of the activities developed at the public airports and aerodromes, with the

amendments introduced by Decree-Law No. 280/99 of July 26, pass to

following wording:

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" Article 2.

1-A The license is, in principle, bestoed upon procedures of

competitive selection, aiming at choosing the proposals that prove to be

more suitable, in each case, to the public interest and operationality of the

airport operation, observed the constant provisions of the figures

following.

2-A outward of the licence will be preceded by negotiation with publication

prior announcement of announcement, specifically, when:

a) The size of the market and the existing demand, or the greatness of the

investments involved, do not require the outoring of the licences upon

concursal procedures;

b) The morosity, complexity and procedural guarantees of the

tendering procedures are demonstrably incompatible

with the objectives and results intended for the licensing, or

still with the economic, commercial or operational interest of the

airport operation in that case;

c) The technical complexity of activities or investments

involved require a pre-assessment of technical capabilities,

commercial, financial and administrative entities of the interested entities,

that it is impossible to accomplish or realize, in an effective manner or

efficient, through other selection procedures;

d) The economic, commercial and operational interest of the farm

airport, or the actual demand existing, justifies it in the

concrete case.

3-A outward of the licence must be preceded by consultation when:

a) Following concursal procedures, trading or other, the

previous procedure used for the same end has been

desert, no candidature has been admitted, or all

presented proposals have been considered unacceptable, and since

that the initial conditions of selection and outoring are not

substantially altered;

b) The nature of the activities to be carried out or the contingencies to them

inherent do not allow or justify the definition of specifications

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necessary for your award in accordance with the procedures of

contest and negotiation.

4-Without prejudice to the provisions of the preceding paragraphs, they shall be bestoed by

direct adjustment the licences referring to the occupation and or use of:

a) Land, facilities and places intended for the exercise of activities

direct and immediately related to the support for departure and arrival

of aircraft, as well as boarding, disembarkation and

forwarding of passengers, cargo or mail;

b) Land and facilities for the exercise of the activities of

assistance in scale, in particular those of supply of

fuels and lubricants, of supply, repair and

maintenance of aircraft and others of identical nature;

c) Land and facilities intended for public services;

d) Land and facilities for entities that carry out activities

of public interest;

e) Places intended for advertising activity and similar activities.

5-The managing entities of the airports and public aerodromes will be able to

still, grounded, outoring licences by direct adjustment,

specifically when:

a) The license must be assigned to a given entity on grounds

of technical specificity, of protection of exclusive rights or of

intellectual property, or still when, to the extent of strictly

necessary and for reasons of imperative urgency, resulting from

unforeseeable events for the licensor entity and that not

are attributable to you, the planned deadlines cannot be observed

for procedures by negotiation or by consultation;

b) Land, facilities or places to be licensed are intended for activities

that are complementary, extensions or enlaractions of another or

other activities carried out by the same holder and already the subject of

previous licensing, or show inconvenience on the grounds of

commercial, security or operationality exploitation of the

airport or aerodrome, the simultaneous existence of several

entities licensed for the same purpose;

c) If it deals with licensing of sites intended for the installation of machines

9

automatic and similar equipment;

d) Whether it deals with licensing of places or spaces of equal or lower area

at 50 m to 2, regardless of the end to which they are intended.

6-The selection procedures referred to in this Article shall be governed by,

with due adaptations, by the provisions of the Decree-Law No. 197/99, of 8 of

June, in everything that is not specially regulated in this degree.

Article 3.

1-Compete to the licensing entities the setting of the conditions of

admission, the procedural rules and the selection criteria applicable in the

selection procedures that are adopted in the licensing of the

occupation and the exercise of activities in the area of airports and aerodromes

public.

2-The factors that intervene in the allocation of the licences are set in the

program of the contest, in the advertisement, in the invitation or in instrument

equivalent, depending on the procedure adopted.

3-Without prejudice to the provisions of the following number, the adoption of the

selection procedure, the respective conditions of admission, the rules

procedural and selection criteria must be communicated or

advertised by the licensed entities with recourse to the means of

disclosure appropriate for the selection procedure adopted for each

licensing.

4-In cases where the licensing is proced by public tender, the

respective conditions of admission, procedural rules and criteria of

selection must appear on the notice of launch of the contest, to be published

in a daily newspaper of national circulation.

Article 5.

1-The licences are heard for a period of time until the limit of five years,

may be successively extended, by identical periods or

various, provided that the extension is required by the respective holders

with the minimum in advance of ninety days regarding the term of the

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period in force of the same.

2-The licences referred to in the preceding paragraph may not have a global deadline

duration of more than 20 years.

3-The licences that involve the realization of significant investments

by its holders in the deployment of constructions, installations or

equipment necessary to the licensed activities, or in the exercise of

activities of particular complexity, the amortisation of which requires a term

greater than five years, can be heard by an initial deadline of up to 40

years.

4-The licences referred to in the preceding paragraph may be successively

extended, by one or more periods, up to the overall term of 50

years, and shall for that effect the respective extension be required by the

your holders with the minimum advance of one year in respect of the term

of the period in force of the permit, unless diverse provision in it is established.

5-The extensions of the licences referred to in paragraphs 1 and 4 shall always depend

of express authorization of the licensor entity.

Article 7.

Licence holders may not prevail in the content or term of

effective of these, in prejudice to the laws and regulations in force or of the

determinations of the police bodies, regulation and surveillance of the

activities carried out at the public airports and aerodromes, in the exercise

of the skills that are committed to them by law.

Article 8.

1-Licence Holders can build, rebuild, demolish, extend,

change, modify or remodel the land, constructions and installations

object of them, provided that they have previously been authorized in writing by the

entities referred to in Article 1, without prejudice to other requirements and the

scheme laid down by law or regulation, as well as intervention by others

authorities or entities in the framework of the specific legislation applicable to the

type and nature of the work or the activity to be carried out.

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2-For the purposes of the provisions of the preceding paragraph, the licence holders

must instruct the application for authorization of the works or works with

pieces written and drawn, and too much elements that are however

indicated by the licensor entities as necessary.

3-A authorization or approval of the works or works may be

conditioned on the introduction of the amendments, duly substantiated, that

are understood necessary for reasons of exploitation or security

airports.

4-Without prejudice to the possible powers of surveillance and legally surveying

assigned to other entities, compete with the entities referred to in Article 1.

scrutinize the compliance of the execution of the authorized work with the respective

final project.

Article 9.

1-The holders of the licences are responsible for the maintenance, repair,

conservation and safety of land, constructions and licensed facilities,

and of the remaining goods entrusted to them by the licensor entities,

as well as for all the damage and modifications caused in the same as not

can impugt to wear caused by their normal use.

2-The holders of the licences shall also respond to the entities

licentiates for the acts and omissions of their staff, occurred in the financial year

of the respective functions, which cause damage to the airports, to their

facilities, their operation or third parties.

3-[...].

Article 10.

1-[...].

2-The holders of the licences, the respective staff, facilities and means

used, they are subject, in particular, to the supervision of services

customs, police and security, with jurisdiction in the area of

airports.

3-The holders of the licences and the respective staff are still subject, in the

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area of airports and public aerodromes, to all the rules, controls of

identity and too many security procedures determined by the

competent entities.

Article 11.

1-The rights and duties that are committed to the holders of the licences,

as well as the constructions and buildings that these have supported or

costing, can be the subject of transmission, in any form, provided that

previously authorized in writing by the licensor entities.

2-Licensee entities will be able to revoke the licences subject to

transmission by death, if the inheritance remains indivisa for more than 120

days, or if, within 30 days of the knowledge of the person of the

successor, this fail to demonstrate meeting the capacity requirements and

suitability that served as the basis of the license's outoring.

3-The emerging rights and duties of the licences, as well as constructions

and buildings carried out by their holders, may be the subject of warranty

real, arrest, penhora or any other similar providence, provided that

previously authorized in writing by the licensor entities, after

verification of the existence of the capacity and idoneity requirements of the

respective beneficiary.

4-A authorization of the licensed entities for the transmission or

oneration of the rights, constructions or buildings referred to in paragraph 1 and 3,

may be issued soon in the licence title itself, in favour of third parties that

sustain or guarantee, by appropriate resources and tools

economic-financial or banking, the realization of the constructions,

edifices, or of the activity itself to be pursued by the licence holder.

5-A violation of the provisions of this Article determines the invalidity of the act

of transmission, replacement or constitution of mortgages or of any

another real guarantee, or of the oneration of goods or rights, without prejudice to the

other sanctions that the case couberin.

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Article 12.

1-licences can be revoked at any time, in whole or in

part, by default by its holders of any of the obligations

in them provided for, as well as with foundation in the public interest of the

operation or airport security.

2-In the revocation of licences by default, the constructions,

facilities, as well as the goods entrusted to the licence holders, revert

free of charge for licensor entities, unless a provision

diverse expressed in the law, on the license or in written agreement between the parties.

3-In the cases of revocation on the grounds of the public interest of the

operation or airport security, the holders of the licences are

indemnified by the amount of expenses that are not yet

amortized and that represent investment in inseparable goods from the

land, constructions or licensed and occupied premises, save

provision in a diverse sense expressed in law, on leave or in agreement

written between the parties.

4-A extension of the term of the licences shall cease the duty of compensation

referred to in the previous number with respect to all investments

carried out during the period ended, unless a diversely available provision

expressed in the law, on the license or in written agreement between the parties.

Article 13.

1-Whenever it requires the public interest of the exploration or safety

airport, can be determined the reduction of the land area and

facilities under licensing or the change of their location,

it may, however, the respective holders, within 15 days of the

communication of the licensor entity, renounce its rights or

continue to exercise them upon the new rate to which there will eventually be place.

2-In any of the cases referred to in the preceding paragraph, the holders of the

licences will be entitled to be indemnified under Rule 3 (3)

previous.

14

Article 14.

1-Without prejudice to the provisions of Article 12, in the case of non-compliance with

any of the conditions of the licences on the part of their holders, the

licensor entities may determine the suspension, in whole or in part,

of the same.

2-licences may still be suspended, in whole or in part, by the

licensor entities, in the application sequence duly

reasoned by the holders of the licences and provided that

understand to be this the most convenient or appropriate measure to the interest

economic, financial, commercial and operational of the holding

airport.

3-The suspension decision must appear, among other elements, the

respective grounds, the deadline, as well as the possible guarantees

financial or other conditions that are understood to be appropriate to apply to the case.

4-A licence caps its effects, without the right to any compensation from the

respective holder, once verified the technical, financial impossibility

or economic of the holder in continuing with the licensed activity, or still

in the case of disinterest of the holder in his or her restart.

5-A The licence may still cease its effects if the licensor entities

o understand you more appropriate to the interests of the airport holding,

being in this case applicable to the provisions of Article 12 (3)

Article 15.

1-Elapsed the term of the licences, the licensor entities enter the

immediate entitlement of all unceiveable goods from being separated from the

occupied premises and land, without prejudice to the obligation of the holders

of the lapsed licences mandated to repose these in the state in which if

they found it when they received them.

2-[...].

15

Article 16.

1-[...].

2-No fees are demanded of the armed forces and forces and services

of security, as well as the National Fire and Protection Service

Civil and other fire corporations, when in the exercise of

legal competences and or functions, and in relation to the minimum areas and means of

official transport or service required for the exercise of their

assignments at airports.

Article 18.

1-[...]:

a) In the airport public domain explored by ANA-Airports

from Portugal, S. A., or by other companies that explore airports or

aerodromes of the public domain of the State as well as in the rates

relating to terminal control services provided by the Navigation

Aerial of Portugal-NAV Portugal E.P.E., by minister's porterie

responsible for the transport sector;

b) [...];

c) [...].

2-The quantitative of the rates of assistance at scale is set:

a) In the airport public domain explored by ANA-Airports

from Portugal, S. A., by the Air Navigation of Portugal-NAV Portugal

E.P.E., or by other companies that explore public domain

Airport of the State, by the respective exploitative entities,

after prior approval by the National Institute of Civil Aviation;

b) [...].

3-The quantitative of occupancy rates of land and facilities

intended for the exercise of direct and immediately related activities

with air traffic, cargo and mail, as well as the exercise of activities

of assistance in scale and still the activities of supply,

repair and maintenance of aircraft, is fixed in the terms of the number

previous.

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4-The quantitative of occupancy rates not included in the previous number and

of the other rates of a commercial nature is set by the entities to whom

is committed to the exploitation of the respective airports or aerodromes

public, with the limitations that result from the respective legal regime.

5-[ previous n. 4 ].

6-[ previous n. 5 ].

7-The exploitative entities of airports with equal annual tracts or

higher than 500,000 passengers or 50,000 t of cargo should consult

beforehand, within a period of not less than 30 days, air carriers and

the assistance agents at scale, who use in a continuous manner or

regulate the airport, through the respective representative associations, in

relation to changes in the system or the amounts of the rates referred to,

respectively, in paragraphs 1 and 3 and in paragraphs 2 and 3 of this Article.

8-Consideration of representative associations for the purpose of the number

previous, and without prejudice to optional consultation with other entities

recognized by the airport's exploitative entity, the committee of

users of the airport, constituted under the terms of the Decree-Law No. 275/99,

of July 23, as well as other associations, legally constituted, of

air carriers or users or providers of assistance in

scale, and whose associates, as a whole, demonstrate to represent, by the

less, 25% of the annual traffic bustling or assisted at the airport or the

amount of fees charged by the airport.

Article 19.

1-[...].

2-For the purposes of the provisions of the preceding paragraph and of the No s. 2 and 3 of the article

18., the reasoned proposals and accompanied by information on the

result of the consultation carried out in accordance with paragraph 7 of the previous article are

submitted to the National Institute of Civil Aviation, in advance

minimum of 90 days with respect to the expected date of commencement of its entry into

vigour.

3-The National Institute of Civil Aviation gives advice and approves the proposals

submitted by the competent entities under the terms of paragraph 1, 2 and 3 of the

17

article 18, depending on the cases, within 45 days of receipt of the

said proposals.

4-From the unfavorable deliberations of the National Institute of Civil Aviation

on applications for approval under Article 18 (2) and (3)

this diploma is up to optional appeal to the minister responsible for the

transport sector, which it decides within 30 days.

5-Not being issued opinion or approval by the National Institute of

Civil Aviation in the terms and time limits stipulated in paragraph 3 of this Article, the

submitted proposals consider themselves to be approved.

Article 20.

1-[...].

2-Without prejudice to what is especially regulated, settlement and

collection of the fees referred to in the preceding paragraph shall be governed by the provisions

legal and regulatory applicable to the generality of public services,

particularly by the provisions of the tax legislation in force.

Article 21.

1-The fees due for the occupation of land, facilities and places in the area

of the airports and public aerodromes are due on the day one of the previous month

to the one they respect and will be paid for up to day eight of that month.

2-[...].

3-[...].

Article 23.

1-A lack of payment of the fees and too much importances in the respective

deadline makes incurring the debtor in the payment of late payment interest, in the terms

established for the lack of payment of fees due to the State, without

loss of the faculty of the licenced entity to be able to revoke the respective

license.

2-A The lack of payment of the fees within the statutory deadline gives way to its collection

18

coercive, increased of the respective interest of mora, in the process of execution

tax.

Article 24.

1-[...].

2-The improper is susceptible to contentious reaction, under the law.

Article 26.

1-Pelas fees and interest of late payment of debt under this Decree-

Law, the State and other entities to whom the management is committed and

operation of airports or public aerodromes enjoy privilege

receivable on the assets of the debtors who find themselves in the area of the

airports or public aerodromes, and may be the subject of

retention, until full payment of the amounts in debt or even decision

judicial.

2-In the case of perishable goods or that they represent demonstrably risk

for health or for the physical integrity of airport users, the

licentiate entities will be able to promote their respective destruction or slaughter,

or else, if possible, their alienation by deducting, in the latter case, the value

obtained to the amount of the existing debt.

3-If the debt referred to in paragraph 1 is not regularised within 90 days of

count of the interpellation for the respective payment, the entities

licensors are entitled to promote the disposal of the goods that are found

retained, deducting, in the latter case, the value obtained from the amount of debt

existing.

Article 27.

1-The holders of the licences, their staff, as well as the commanders of the

aircraft or their representatives, shall provide to the entities that

explore the airports or public aerodromes all clarifications

necessary to the processing and collection of fees, in the form that they are

19

indicated.

2-[...].

Article 31.

1-The provisions of this diploma shall not apply to airports and

regional public aerodromes of the Autonomous Regions of the Azores and of the

Wood.

2-A Autonomous Region of the Azores is always heard with regard to the

setting fees at the airports or national public aerodromes situated

in the Autonomous Region of the Azores. "

Article 2.

Abrogation standard

Article 25 of the Decree-Law No. 102/90 of March 21, as amended by the

Decree-Law No. 280/99 of July 26.

Article 3.

Entry into force

This decree-law shall come into force on the day following that of its publication.

Article 4.

Republication

It is republished in annex, which is an integral part of this decree-law, the Decree-Law

n ° 102/90 of March 21, with the wording resulting from the amendments now

introduced.

Seen and approved in Council of Ministers of

The Prime Minister

20

The Minister of State and Finance

The Minister of National Defence

The Minister of Public Works, Transport and Communications

21

Attachment

(referred to in Article 4)

Chapter I

Of The Licences

Article 1.

1-A occupation of land, buildings or other facilities and the exercise of any

activity in the area of public airports and aerodromes are done in the terms of the

standards applicable to the use of the public domain, without prejudice to special provision

to the contrary, and lack the license of the entities to whom their management is committed and

or exploitation.

2-The licensing of aircraft assistance activities (handling) is the subject of

own legislation.

Article 2.

1-A licence is, in principle, bestoed upon selection procedures

competitive, aiming at the choice of proposals that are more appropriate, in

each case, to the public interest and operationality of the airport holding,

observed the constant provisions of the following numbers.

2-A outreach of the licence will be preceded by negotiation with prior publication of

announcement, specifically, when:

a) The size of the market and the existing demand, or the greatness of investments

involved, do not require the outoring of the licences upon concursal procedures;

b) The morosity, complexity and procedural guarantees of the

tendering procedures are demonstrably incompatible with the

intended objectives and results for the licensing, or still with the

economic, commercial or operational interest of the airport farm

in that case;

c) The technical complexity of the activities or the investments involved require

a pre-assessment of technical, commercial, financial and

22

administrative of the interested entities, which is impossible to accomplish or

concretize, effectively or efficiently, through other procedures of

selection;

d) The economic, commercial and operational interest of the airport holding, or

the actual demand for the existing, the justifying in the concrete case.

3-A outward of the licence must be preceded by consultation when:

a) Following concursal procedures, trading or other, the previous

procedure used for the same end has been deserted, none

candidacy has been admitted, or all proposals submitted have been

deemed unacceptable, and provided that the initial conditions of selection and

outorga are not substantially altered;

b) The nature of the activities to be carried out or the contingencies attached to them not

allow or justify the definition of specifications required by your

award in accordance with tendering and negotiation procedures.

4-Without prejudice to the provisions of the preceding paragraphs, they will be hedged by adjustment

direct the licences referring to the occupation and or use of:

a) Land, facilities and places intended for the exercise of direct activities and

immediately related to the support for the departure and arrival of aircraft, well

as to the boarding, disembarkation and forwarding of passengers, cargo or

mail;

b) Land and facilities for the exercise of assistance activities in

scale, in particular those of fuel supply and lubricants, of

supply, repair and maintenance of aircraft and other identical

nature;

c) Land and facilities intended for public services;

d) Land and facilities intended for entities that carry out activities of

public interest;

e) Places intended for advertising activity and similar activities.

5-The managing entities of the airports and public aerodromes will be able to still,

fundamentedly, outoring licences by direct adjustment, specifically when:

a) The licence must be assigned to a given entity on the grounds of

technical specificity, protection of exclusive rights or property

intellectual, or even when, to the extent strictly necessary and for reasons

of imperious urgency, resulting from unpredictable events for the

23

licensor entity and which are not attributable to it, cannot be

observed the deadlines set for the procedures by negotiation or by

query;

b) Land, facilities or venues to be licensed are intended for activities that are

complementary, extensions or enlaractions of another or other activities

performed by the same holder and already the subject of previous licensing, or if

show inconvenience on grounds of commercial, safety or otherwise

operationality of the airport or aerodrome, the existence simultaneously of

several licensed entities for the same purpose;

c) If it deals with licensing of sites intended for the installation of machines

automatic and similar equipment;

d) Whether it deals with licensing of sites or area spaces equal to or less than 50 m2,

regardless of the end to which they are intended.

6-The selection procedures referred to in this article shall be governed by, with due

adaptations, by the provisions of the Decree-Law No. 197/99, of June 8, in everything that does not

is especially regulated in this diploma.

Article 3.

1-Compete to licensed entities the setting of the conditions of admission, rules

procedural and the selection criteria applicable in the selection procedures that

are adopted in the licensing of the occupation and the exercise of activities in the area

of airports and public aerodromes.

2-The factors that intervene in the allocation of the licences are set in the programme of the

contest, in the advertisement, in the invitation or equivalent instrument, depending on the

procedure adopted.

3-Without prejudice to the provisions of the following number, the adoption of the procedure of

selection, the respective conditions of admission, the procedural rules and the criteria of

selection must be communicated or advertised by the licensor entities with

recourse to the appropriate means of disclosure for the adopted selection procedure

for each licensing.

4-In cases where the licensing is proced by public tender, the respective

conditions of admission, procedural rules and selection criteria must appear in the

notice of launch of the contest, to be published in a national circulation daily newspaper.

24

Article 4.

The titles of the licences should be mentioned, inter alia:

a) The identity of the holder;

b) The land and facilities that are the subject of the licensing;

c) The end or activity to which the licence is intended;

d) The amount of the fee payable on a monthly basis by the licensing;

e) The deadline;

f) Any other particular conditions of the licensing, specifically the

relating to possible compensations resulting from the reversal for the entity

licensor of constructions and inseparable equipment of land and

facilities that are the subject of the licensing.

Article 5.

1-The licences are heard for a period of time until the limit of five years, and may be

successively extended, for identical or diverse periods, provided that the

prolongation is required by the respective holders with the minimum advance notice of 90

days regarding the expiry of the period in force of the same.

2-The licences referred to in the preceding paragraph shall not be allowed to have an overall term of

higher than 20 years.

3-The licences that involve the realization of significant investments by their

holders in the deployment of constructions, facilities or equipment required to

licentiate activities, or in the exercise of activities of particular complexity, the

amortization requires a maturity of more than five years, can be heard for a term

initial up to 40 years.

4-The licences referred to in the preceding paragraph may be successively extended,

by one or more periods, up to the overall term of 50 years, owing to that

effect the respective extension is required by your holders in advance

minimum of one year in respect of the expiry of the period in force of the permit, save

diverse disposition in it established.

5-The extensions of the licences referred to in paragraphs 1 and 4 always depend on

express authorization of the licensor entity.

25

Article 6.

The licensed activities shall be carried out in a continuing manner and without other

interruptions other than those resulting from the respective nature and function, of fortuitous case or

of force majeany.

Article 7.

Licence holders may not prevail for the content or term of the duration

of these, in prejudice to the laws and regulations in force or the determinations of the organs

of police, regulation and surveillance of activities carried out at airports and

public aerodromes, in the exercise of the skills that are committed to them by law.

Article 8.

1-Licence Holders can build, rebuild, demolish, extend, change,

modify or remodel the land, constructions and installations object of them,

provided that it has previously been authorized in writing by the entities referred to in Article 1,

without prejudice to other requirements and the scheme laid down by law or regulation, as well as

of the intervention of other authorities or entities in the framework of the specific legislation

applicable to the type and nature of the work or the activity to be carried out.

2-For the purposes of the provisions of the preceding paragraph, the licence holders shall instruct

the application for the authorization of the works or works with written parts and

drawn, and too many elements that are meanwhile indicated by the entities

licensors as necessary.

3-A permission or approval of the works or works may be conditioned on

introduction of the amendments, duly substantiated, that are understood

necessary for reasons of airport operation or safety.

4-Without prejudice to the possible powers of surveillance and legally assigned survey

other entities, it is incumbent on the entities referred to in Article 1 to scrutinize the

compliance of the execution of the authorised work with the respective final project.

26

Article 9.

1-The holders of the licences are responsible for maintenance, repair, conservation

and security of the land, constructions and licensed facilities, and of the remaining goods that

they are entrusted by the licensor entities, as well as for all damages and

modifications caused in the same that are unable to impute to the triggered wear

by their normal use.

2-The holders of the licences shall also respond to the licensor entities

by the acts and omissions of their personnel, occurred in the exercise of their respective functions,

that cause damage to the airports, their facilities, their functioning or the

third parties.

3-The holders of the licences shall give written and immediate knowledge to the entities

licensors of all facts or acts of third parties that constitute a threat or

violation of your rights.

Article 10.

1-The licensed venues and facilities and the remaining goods entrusted to the holders of the

licences, as well as the exercise of their own business, are subject to the survey and

supervision of licensed entities, to which they cannot be denied access and

collaboration.

2-The holders of the licences, the respective staff, facilities and means used, are

subject, in particular, to the supervision of customs, police and security services,

with jurisdiction in the area of airports.

3-The holders of the licences and the respective staff are still subject, in the area of

airports and public aerodromes, to all rules, identity checks and too much

security procedures determined by the competent entities.

Article 11.

1-The rights and duties that are committed to the holders of the licences, as well as the

constructions and buildings that these have supported or costed, may be the subject

of transmission, in any form, provided that it has previously been authorized in writing by the

licensing entities.

2-Licensee entities will be able to revoke the subject licences for transmission by

27

death, if the inheritance remains indivisa for more than 120 days, or if, within 30 days

to rely on the knowledge of the person of the successor, this one does not demonstrate gathering the

capacity and suitability requirements that have served as the basis of the license's outoring.

3-The emerging rights and duties of licences, as well as constructions and

buildings carried out by their holders, they may be the subject of real guarantee, arrest,

Attachment or any other similar providence, provided that previously authorized

in writing by the licensor entities, after verification of the existence of the requirements

of capacity and idoneity of the respective beneficiary.

4-A authorization of the licensor entities for the transmission or burdening of the

rights, constructions or buildings referred to in paragraphs 1 and 3, could be issued soon in the

own license title, in favour of third parties that support or guarantee, upon

adequate resources and economic-financial or banking instruments, the realization

of the constructions, buildings, or of the activity itself to be pursued by the holder of the

license.

5-A violation of the provisions of this Article determines the invalidity of the act of

transmission, replacement or constitution of mortgages or any other real guarantee,

or of burdening of goods or rights, without prejudice to the other sanctions that the case

couberem.

Article 12.

1-licences may be revoked at any time, in whole or in part, by

default by its holders of any of the obligations laid down therein, well

as with grounds in the public interest of airport operation or security.

2-In the revocation of licences by default, the constructions, facilities, well

as the goods entrusted to the licence holders, revert free of charge to the

licensing entities, unless provision in a diverse sense expressed in the law, on the licence

or in written agreement between the parties.

3-In the cases of revocation on the grounds of the public interest of the holding or

airport security, the licence holders are indemnified by the amount of the

expenses that are not yet amortized and that represent investment in goods

inseparable from land, constructions or licensed and occupied premises, save

provision in a diverse sense expressed in the law, on the licence or in written agreement between the

parts.

28

4-A The extension of the term of the licences shall cease the duty of compensation referred to in the

previous number with respect to all investments made during the period

finished, unless provision in a diverse sense expressed in the law, on the licence or in agreement

written between the parties.

Article 13.

1-Where it requires the public interest of airport operation or security,

it can be determined to reduce the area of land and facilities under

licensing or the change of its location, and may, however, the respective

holders, within 15 days counted from the communication of the licensor entity,

waive your rights or continue to exercise them upon the new rate to which

eventually there is place.

2-In any of the cases referred to in the preceding paragraph, holders of the licences will have

right to be indemnified in accordance with paragraph 3 of the preceding Article.

Article 14.

1-Without prejudice to the provisions of Article 12, in the case of non-compliance with any

of the conditions of the licences by their holders, the licensor entities may

determine the suspension, in whole or in part, of them.

2-licences may still be suspended, in whole or in part, by the entities

licensor, in the sequence of duly reasoned application submitted

by the licence holders and provided that it is understood to be the most convenient measure

or appropriate to the economic, financial, commercial and operational interest of the farm

airport.

3-Of the suspension decision must appear, among other elements, the respective

fundamentals, the deadline, as well as possible financial guarantees or other conditions

that it is understood appropriate to apply to the case.

4-A licence caps its effects, without right to any compensation from the respective

holder, once verified the technical, financial or economic impossibility of the holder

in proceeding with the licensed activity, or still in the case of disinterest of the holder

at your restart.

5-A The licence may still cease its effects if the licensor entities the

29

understand more appropriate to the interests of airport operation, in this case

applicable the provisions of Article 12 (3).

Article 15.

1-Elapsed the term of the licences, the licensor entities enter into the title

immediate of all unceatable goods from being separated from the premises and land

occupied, without prejudice to the obligation of the holders of the expiry licences to be mandated

repose these in the state they were in when they received them.

2-Unless otherwise expressed, made under the terms of the point f) of Article 4, the

reversal predicted in the previous number will be free of charge.

CHAPTER II

Of the fees

Article 16.

1-By occupation of land, buildings or other facilities, as well as by the

exercise of any activity in the area of public airports and aerodromes, by its

use or of the respective services and equipment are due fees.

2-No fees are demanded of the armed forces and forces and services of

safety, as well as the National Fire and Civil Protection Service and other

fire corporations, when in the exercise of competencies and or legal functions, and

in relation to the minimum areas and means of official transport or service required

for the exercise of their assignments at airports.

Article 17.

Attending to the nature of the services and activities developed, the fees to be charged to us

terms of the previous article groups together in traffic rates, of assistance in scale, of

occupation and other rates of a commercial nature.

30

Article 18.

1-The quantitative of traffic rates is fixed, after prior opinion of the Institute

National Civil Aviation:

a) In the airport public domain explored by ANA-Airports of

Portugal, S. A., or by other companies exploring airports or aerodromes

of the public domain of the State, as well as in the fees for services of

terminal control provided by the Air Navigation of Portugal-NAV Portugal

E. P. E., by porterie of the minister responsible for the transport sector;

b) At the regionalised airports and aerodromes, by portionery of the governing bodies

own of the Autonomous Regions;

c) At airports and aerodromes whose operation is in charge of the municipalities,

by the competent municipal bodies.

2-The quantitative of the rates of assistance at scale is set:

a) In the airport public domain explored by ANA-Airports of

Portugal, S. A., by the Air Navigation of Portugal-NAV Portugal E. P. E., or

by other companies that exploit public airport domain of the State,

by the respective exploitative entities, after prior approval by the Institute

National Civil Aviation;

b) At regionalized or municipal airports and aerodromes, by the organs of

self-government of the Autonomous Regions or by the competent bodies

municipal, after prior opinion from the National Institute of Civil Aviation.

3-The quantitative of occupancy rates of land and facilities intended for the

exercise of direct and immediately related activities with air traffic,

load and mail, as well as the exercise of assistance activities at scale and still

the activities of supply, repair and maintenance of aircraft, is fixed in the

terms of the previous number.

4-The quantitative of occupancy rates not included in the previous number and the other

rates of a commercial nature is set by the entities to whom the

operation of the respective airports or public aerodromes, with the limitations that

result from the respective legal regime.

5-In any of the cases referred to in the preceding paragraphs, fees may be set

differentiated in accordance with the category, functionality, density and period of

use of each airport or aerodrome, or modulated in function of reasons of

31

environmental protection.

6-Companies that exploit public airport mastery will always be heard in the

Respect to the establishment of exemptions and reductions in fees that do not result from

international agreements or recommendations of international bodies.

7-The exploitative entities of airports with annual tracts equal to or higher than

500,000 passengers or 50,000 t of cargo should consult beforehand, within no time

less than 30 days, air carriers and assistance agents at scale, which

use in a continuous or regular manner the airport, through the respective associations

representative, in relation to changes in the system or the amounts of the rates referred to,

respectively, in paragraphs 1 and 3 and in paragraphs 2 and 3 of this Article.

8-Consideration of representative associations for the purposes of the preceding paragraph, and without

loss of optional consultation to other entities recognized by the entity

explorer of the airport, the airport user committee, constituted on the terms

of Decree-Law No. 275/99 of July 23, as well as other associations, legally

constituted, of air carriers or of users or providers of assistance

on the scale, and whose associates, as a whole, demonstrate to represent at least the

25% of the annual traffic moved or assisted at the airport or the amount of fees

charged by the airport.

Article 19.

1-The powers conferred by paragraph 1 of the preceding Article shall be exercised on the initiative of the

competent entity for the setting of the fees, or under a reasoned proposal of the

exploitative entities and informed by the National Institute of Civil Aviation.

2-For the purposes of the provisions of the preceding paragraph and of Article 18 (2) and (3), the

substantiated proposals and accompanied by information on the outcome of the consultation

carried out in accordance with paragraph 7 of the previous article are submitted to the National Institute of

Civil Aviation, with a minimum advance of 90 days regarding the expected date

of beginning of its entry into force.

3-The National Institute of Civil Aviation gives opinion and approves the submitted proposals

by the competent entities pursuant to Article 18 (1), (2) and (3), depending on the

cases, within 45 days of the receipt of the said proposals.

4-From the unfavorable deliberations of the National Institute of Civil Aviation on

requests for approval under Article 18 (2) and (3) of the Article 18

32

for the minister responsible for the transport sector, which decides on the deadline of 30

days.

5-Not being issued opinion or approval by the National Institute of Civil Aviation

in the terms and time limits stipulated in paragraph 3 of this Article, the proposals submitted

consider themselves to be approved.

Article 20.

1-The fees provided for in this diploma are settled and charged by the entities that

explore the public airports and aerodromes and, unless express provision in

contrary, constitute own revenues of these entities.

2-Without prejudice to what is especially regulated, the liquidation and collection of the

fees referred to in the preceding paragraph shall be governed by the legal and regulatory provisions

applicable to the generality of public services, particularly by the provisions of

tax legislation in effect.

Article 21.

1-The fees due for the occupation of land, facilities and places in the area of

airports and public aerodromes are due on the day one of the month before that to which

respect and will be paid up to day eight of that month.

2-The fees due for the use of the airports or public aerodromes by

aircraft are charged prior to the departure of these, and may, however, be fixed

collection specials when so advising reasons connected to the operationality of the

airport operation.

3-In relation to users who operate regularly in the area of airports or

public aerodromes, can the respective exploitative entities fix regimes of

periodical collection eventually conditional on the provision of patrimonial guarantees

idogenes.

33

Article 22.

Save the cases covered by the previous article, the fees and other importancies in debt

to airports or public aerodromes must be paid within 20 days of the

date of issue of the respective invoice.

Article 23.

1-A lack of payment of the fees and too much importances in the respective term makes

incurring the debtor in the payment of late payment interest, in the established terms for the lack

of payment of fees due to the State, without prejudice to the faculty of the entity

licence to be able to revoke the respective licence.

2-A The lack of payment of the fees within the legal period gives way to its coercive collection,

increased the respective interest of mora, in the process of tax implementation.

Article 24.

1-Claims and resources on settled fees do not suspend the duty of

payment and are presumed to be desores if within 60 days they are not the subject of

express decision.

2-The improper is susceptible to contentious reaction, under the law.

Article 25.

[ Revoked ].

Article 26.

1-Pelas fees and interest of late payment of debt under the present Decree-Law, the State and

too many entities to whom the management and operation of the airports are committed or

public aerodromes enjoy receivable privilege on the assets of debtors that if

find in the area of airports or public aerodromes, and may the same be

object of retention, until full payment of the amounts in debt or even decision

judicial.

2-In the case of perishable goods or that they represent demonstrably risk to health

34

or for the physical integrity of airport users, the licensor entities

will be able to promote their respective destruction or slaughter, or else, if possible, their

disposal, deducting, in the latter case, the value obtained from the amount of the existing debt.

3-If the debt referred to in paragraph 1 is not regularised within 90 days of the

interpellation for the respective payment, the licensor entities are entitled to

promote the disposal of the assets that are found to be withheld, deducting, in the latter case,

the value obtained to the amount of the existing debt.

Article 27.

1-The holders of the licences, their staff, as well as the commanders of the aircraft or

your representatives, must provide to the entities that explore the airports or

public aerodromes all necessary clarifications to the processing and collection

of the fees, in the form that is indicated to them.

2-Aircraft may be retained for as long as the clarifications are not provided

required under the terms of the preceding paragraph or no provisions are met

relating to the payment of fees.

CHAPTER III

Final provisions

Article 28.

The principles and rules laid down in this diploma are applicable to all occupations

and activities exerted in the area of public airports and aerodromes,

regardless of the date of the respective licence.

Article 29.

They are competent to know about the resources against all acts of outorga, execution,

suspension and extinction of the licences referred to in this diploma the courts

administrative.

35

Article 30.

The present diploma will be developed by regulatory decree, inter alia

with regard to the tables of occupations and authorized activities in the area of

airports and public aerodromes, upon specification and classification of fees

correspondents and, as well, of the respective exemptions and reductions, taking into account the

provisions of Articles 16 and 17.

Article 31.

1-The provisions of this diploma do not apply to public airports and aerodromes

Regional of the Autonomous Regions of the Azores and Madeira.

2-A Autonomous Region of the Azores is always heard with regard to the setting of rates

at national public airports or aerodromes located in the Autonomous Region of the

Azores.

Article 32.

1-This diploma repeals the Decree-Law No. 211/76 of March 22 and the Decree

n ° 235/76 of April 3, without prejudice to the provisions of the following number.

2-As long as the quantitative of the rates are not established, in the terms of the article

18, Articles 8 to 36 of Decree No 235/76 of April 3 shall remain in force, of April 3, and,

well so, the respective regulatory portaries.