Regulates The Access To Administrative Documents And Your Reuse, Repeals Law No. 65/93, Of 26 August, With The Wording Introduced By Law No 8/95, The 29 Of March, And 94/99, Of 16 July, And Transposes To The National Legal Order The Directive.

Original Language Title: Regula o acesso aos documentos administrativos e a sua reutilização, revoga a Lei n.º 65/93, de 26 de Agosto, com a redacção introduzida pelas Lei n.os 8/95, de 29 de Março, e 94/99, de 16 de Julho, e transpõe para a ordem jurídica nacional a Directiva n.

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624451354c5667755a47396a&fich=ppl49-X.doc&Inline=false

1 PROPOSAL of law No. 49/X explanatory memorandum Council Directive No. 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information has for main objective the minimum harmonisation of national rules and practices concerning the use of public sector documents, with a view to promoting the smooth operation of the internal market and the proper development of the information society in the European Community. This harmonisation of standards at Community level assumes that the documents produced and held by the entities that make up the public sector correspond to information which can be treated and explored economic impact evident European private companies, thereby contributing to the development of Community-wide services-one of the main objectives of the establishment of a European internal market- to the economic growth of enterprises and, consequently, to job creation. Given that the Directive is based on access to administrative documents schemes existing in the various Member States, and which is a condition for permission to reuse permission, by law, of General access to such documents, it was considered appropriate that your implementation if carried out under the rules of the exercise of the right of access to administrative documents. Makes clear, they are also applicable in this context, in particular the limits relating to internal and external security, secrecy of Justice and personal documents, the possibility to refuse access to documents whose communication question commercial, industrial secrets or about the internal life of the companies and the prohibition on re-use of information with disregard of copyright and industrial property rights. At the same time, clarifies that the reference made by law No. 65/93, of 26 August for legislation on the protection of personal data, covering both the documents concerning personal data partially or completely automated treatment, whether the 2 documents relating to personal data contained in these books or files designed with automated treatment. Thus harmonizes the Law of access to administrative documents with the provisions of article 4 of law No. 67/98 of 26 October, with the regime enshrined in Directive No. 95/46/EC of the European Parliament and of the Council of 24 October 1995 and with the provision of paragraph 7 of article 35 of the Constitution of the Portuguese Republic. In strict accordance with the Directive 2003/98/EC, this Bill takes clear aim to promote the re-use of documents held or prepared by the public sector, restricting the permissible grounds for refusal a breach of legal provisions, in particular of the provisions of this decree-law or the legal regime of access apply. This objective is still visible in the new rules adopted in relation to the values of the charge for the re-use of documents, to seek to provide an objective criterion to the practice of public agencies in this area, as well as the rules that no sealing to impose conditions in respect of consensual forms of use, recommend and publicity of these preconditions, in order to make it more transparent and accessible rules and possibilities for reuse of public documents. Parallel to the introduction of provisions in this law specifically applicable to the scheme of the re-use of public sector documents, where possible and appropriate, by introducing the diploma General changes to ensure the simplification, harmonisation and coordination of access to and re-use of public sector documents. In this situation the provisions which seek to promote the establishment of practical tools that make easier the knowledge and obtaining those documents, using, whenever possible, the advertising and sending them electronically. With this Decree-Law also took advantage of the opportunity to adapt the regime of contentious reaction to the new rules of administrative litigation, enshrined in the code of procedure in administrative courts. The necessary steps were promoted to hearing of UMIC – Knowledge Society Agency, I.P., access to administrative documents (EACH), the National Commission for data protection (CNPD), the unit for the coordination of administrative modernization (UCMA), of the Institute of Industrial property, the competition authority and the Office of law 3.

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: Article 1 subject-matter this law amending Law No. 65/93, of 26 August, with the wording introduced by law No. 8/95 of 29 March and by law No. 94/99, July 16 , national law transposing the directive no. 2003/98/EC of the European Parliament and of the Council of November 17, 2003 on the re-use of public sector information.

Article 2 amendment to law No. 65/93, of 26 August the articles 1, 2, 3, 7, 9, 10, 11, 12, 13, 17 and 20 of the law No. 65/93, of 26 August, as amended by law No. 8/95 of 29 March and by law No. 94/99, of July 16, are replaced by the following: ' article 1 [...]

Access to and reuse of administrative documents are provided by the Public Administration in accordance with the principles of publicity, transparency, equality, justice and impartiality.

Article 2 [...]

1. this law governs access to documents relating to activities carried out by the entities referred to in article 3, without prejudice to legislation on access to information on the environment 4. 2. this law regulates also the re-use of documents relating to activities carried out by the entities referred to in article 3, national law transposing the directive no. 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information. 3-[previous No. 2].

Article 3 [...]


1 - [...]. 2-the provisions of this law are still applicable to documents held or prepared by any legal entities that have been created to satisfy a specific mode needs in the general interest, not having an industrial or commercial character, and in respect of which one of the following circumstances:) its activity is funded mostly by any of the entities referred to in the preceding paragraph or in this paragraph; b) its management is subject to control by any of the entities referred to in the preceding paragraph or in this paragraph; c) their administrative, managerial or supervisory bodies are composed, in more than half, by designated members for some of the entities referred to in the preceding paragraph or in this paragraph.

Article 7 [...]

1 - [...]. 2 - [...]. 3 - [...]. 5 4 - [...]. 5 - [...]. 6 - [...]. 7-access to documents notarized and registral, to civil and criminal identification documents, to documents concerning personal data partially or fully automated treatment, to documents pertaining to personal data contained in these books or files designed with automated treatment and documents deposited in historical archives is governed by its own legislation.

Article 9 [...]

1-the right to amend, supplement or delete inaccurate personal data, insufficient or excessive is exercised in accordance with the provisions of the Personal Data Protection Act. 2 - [...].

Article 10 denial of access [previous No. 1] article 11 [...]

1-Government publishes, by properly and where possible electronically:) [...]; b) [...]. 2 - [...].

6 CHAPTER II exercise of the right of access and re-use of public sector documents section 1 right of access article 12 [...]

1 - [...]. 2 - [...]. 3-The computerized documents are sent via e-mail or through other means of electronic transmission of data, wherever possible and appropriate to the intelligibility and reliability of your content and in terms strictly corresponding to the content of the record. 4 - [...]. 5-the requested Party shall have no obligation to create or adapt documents in order to meet the request, or the obligation to provide extracts from documents, if it involves a disproportionate effort, going beyond the simple manipulation of them.

Article 13 [...]

1-access to documents must be requested in writing via application whose model must be approved by order of Ministers responsible for the areas of finance, public administration and administrative modernization. 2-access to documents can be requested via electronic means, in accordance with the set by order of the Ministers responsible for the areas of finance, public administration and administrative modernization.

7 article 17 contentious Reaction When is not given full satisfaction to the request for access made pursuant to this law, shall apply the provisions of articles 104, 105, 106, 107 and 108 of the code of procedure in administrative courts.

Article 20 1-Jurisdiction [...]:) [...]; b) [...]; c) [...]; d) [...]; e) [...]; f) [...]; g) [...]; h) [...]; I) Instruct the processes of administrative offense. 2 - [...]. 3 - [...]. 4 - [...].»

Article 3 Amendment to law No. 65/93, of 26 August are added to law No. 65/93, of 26 August, as amended by law No. 8/95 of 29 March and by law No. 94/99, of July 16, articles 17-A, 17-B, 17-C, 17-D, 17-, 17-F, 17 G, 17 H, 17-I , 22, 23, 24 and 25, with the following wording: «SECTION II of the re-use of documents 8 article 17 – general principle 1-The documents held or developed by entities referred to in article 3, to which access is permitted pursuant to this law, can be reused by natural or legal persons for purposes other than order of public service for which they were produced. 2-the provisions of this section shall be without prejudice to the use of texts of conventions, laws, regulations and administrative decisions or reports, or of any organs or judicial authorities of the State or administration, as well as the use of the official translations of these texts. 3-the provisions of this section do not apply to documents held or prepared by: a) public service broadcasting companies, their subsidiaries and other bodies that carry out functions of public service broadcasting; b) educational establishments and research, including, where appropriate, organizations created with a view to the transfer of research results; c) public or private legal persons engaged in providing cultural activities, including museums, libraries, archives, orchestras, operas, Ballet and theatre companies.

Article 17-B 1-reuse request the re-use of documents depends on the express permission of the entity that holds, upon request made by the applicant. 2-the application of reuse is formulated in the same application in which is requested access to the document, the model must be approved in accordance with article 13 9 3-When the re-use of documents intended for educational purposes or research and development, the applicant shall indicate this expressly.

Article 17-C deleted Documents may not be the subject of a request for re-use: a) documents prepared in a private management activity of the entity in question; b) documents the copyright or related rights belonging to third parties or the reproduction, dissemination or use can configure unfair competition practices.

Article 17-D Response of the receiving Agency


1-the entity who directed the request for re-use of the document shall, within the same period as that laid down in paragraph 1 of article 15: to Allow reuse of the document); or, b) Indicate the reasons for refusing, in whole or in part, to reuse the document and what the means of supervision of the applicant against that decision. 2-the request for re-use of the document can only be refused on grounds of violation of legal provisions, in particular in some of the provisions of this decree-law. 3-the obligation to indicate the reasons for refusal understands the natural person or legal entity holder of copyright or related rights on the document, when this title constitutes the basis of refusal of reuse. 4-the period referred to in paragraph 1 may be extended once for an equal period, in cases of extensive or complex requests, by giving notice to the applicant in 5 days after the receipt of the request. 10 5-the acceptance of the request for re-use of documents containing personal data shall be subject, as appropriate, to the provisions of this law or the law of protection of personal data about access to such documents.

Article 17-and reuse conditions 1-the authorisation granted in accordance with the previous article can be made subject to compliance with certain conditions of reuse. 2-the re-use of documents can still be subject to payment by the applicant, in accordance with the terms and conditions to be laid down by order of Ministers responsible for the areas of finance, public administration and administrative modernization and the total amount charged for access and re-use exceed the costs incurred for the collection, production, reproduction and dissemination of the respective document plus a reasonable return, with a view to the recovery of any investments and the good quality of the service. 3-in the setting of the charge pursuant to paragraph 1, the requested Party shall be cost-oriented over the normal accounting year calculated in accordance with the applicable accounting principles. 4-tiered schemes should be introduced depending on the pricing documents are reused for commercial or non-commercial purposes, being free for re-use of documents for educational purposes or research and development. 5-the conditions for re-use and the values charged shall not unnecessarily restrict possibilities for re-use and the requested Party, in this way, discriminate against comparable categories of re-use or limit competition.

11 article 17-F Advertising conditions for re-use and applicable prices, including the time and the form of payment, are pre-set and advertised, where possible by electronic means, and shall be indicated the basis for calculation of the charge whenever requested by the applicant.

Article 17-G ban exclusive arrangements-1 it is prohibited to exclusive agreements of re-use of documents, with the exception of cases in which the Constitution of an exclusive right is necessary for the provision of a service of public interest. 2-The exclusive agreements concluded under the previous paragraph, as well as the reasons therefor, shall be advertised, whenever possible by electronic means. 3-the reasons underlying the Constitution of an exclusive right shall be subject to periodic review, to be carried out at least every three years. 4-The existing exclusive arrangements that do not comply with the provisions of paragraph 1 shall expire on 31 December 2008.

Article 17-H Subpoena for re-use of documents without prejudice to other guarantees provided for in the law, when not full satisfaction is given to reuse request made pursuant to this section, the person concerned may apply to the competent administrative court to subpoena the requested Party, being correspondingly applicable article 17 article 17 – disclosure of documents available for re-use 12 1-the entities referred to in article 3 shall advertise , where possible by electronic means, stock lists of documents available for re-use. 2-the information provided for in the preceding paragraph must be organised as soon as possible a decentralised stock portal, in order to facilitate the search for documents available for re-use.

CHAPTER IV administrative offences article 22 administrative offences 1-Practice a misdemeanour punishable by a fine natural or legal persons who:) to re-use public sector documents without authorization by the competent authority; b) Re-use of public sector documents without observing the conditions of re-use established under paragraph 1 of article 17; c) Re-use of public sector documents without having carried out the payment of the amount fixed pursuant to paragraphs 2 and 3 of article 17-2-the offences referred to in (a)) and (c)) of the preceding paragraph are punishable by the following fines: a) in the case of a natural person, at least € 300.00 and not more than € 3,500.00; b) in the case of a legal person, at least € 2,500.00 and a maximum of € 25,000.00. 3-the offence referred to in paragraph b) of paragraph 1 is punishable by the following fines: a) in the case of a natural person, at least of € 150.00 and a maximum of € 1,750.00; 13 b) in the case of a legal person, at least 1250.00 € and a maximum of € 12,500.00.

Article 23 Negligence and negligence and attempt to try are always punished in administrative offences provided for in the preceding article.

Article 24 Application of fines 1-the application of the fines provided for in this law the President of EACH, after education and deliberation of the Commission. 2-the decision of EACH, after approved by the President, is enforceable, if not contested within legal being.

Article 25 destination of revenue collected the amount of sums levied as a result of the application of fines, reverts:) In 40% for EACH; b) In 40% to the coffers of the State; and, c) In 20% to the authority referred to in article 3 injured with the practice of the infringement. '

Republishing article 5 law No. 65/93, of 26 August, with the amendments introduced by law No. 8/95 of 29 March and by law No. 94/99, of 16 July, is republished in annex.

Seen and approved by the Council of Ministers of 24 November 2005 14 Prime Minister the Minister of Parliamentary Affairs Minister Presidency 15 ANNEX Regime of access to and re-use of public sector documents


CHAPTER I General provisions article 1 open administration access and reuse of administrative documents are provided by the Public Administration in accordance with the principles of publicity, transparency, equality, justice and impartiality.

Article 2 Subject 1-this law regulates access to documents relating to activities carried out by the entities referred to in article 3, without prejudice to legislation on access to information in environmental matters. 2. this law regulates also the re-use of documents relating to activities carried out by the entities referred to in article 3, national law transposing the directive no. 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information. 3-the arrangements for the exercise of the right of citizens to be informed by the Administration on the progress of processes that are directly interested and meet the final resolutions are taken on them in their own legislation.

Article 3 Scope 1-documents the previous article are those that originate or are held by organs of the State and of the autonomous regions engaged in administrative functions, public institutes and bodies of public associations and 16 bodies of local authorities, their associations and federations and other entities in the exercise of powers of authority, in accordance with the law. 2-the provisions of this law are still applicable to documents held or prepared by any legal entities that have been created to satisfy a specific mode needs in the general interest, not having an industrial or commercial character, and in respect of which one of the following circumstances:) its activity is funded mostly by any of the entities referred to in the preceding paragraph or in this paragraph; b) its management is subject to control by any of the entities referred to in the preceding paragraph or in this paragraph; c) their administrative, managerial or supervisory bodies are composed, in more than half, by designated members for some of the entities referred to in the preceding paragraph or in this paragraph.

Article 4 administrative documents 1-for the purposes of the present law, are considered: a) administrative documents: any graphics, media, Visual, sound or computer records of another nature, drawn up or held by the public administration, in particular processes, reports, studies, opinions, reports, records, circulars, crafts-circulars, orders, orders, instructions and internal regulatory guidelines or legal interpretation of the framework or other materials; b) nominative Documents: any media containing personal data; c) personal data: information about identified or identifiable natural person, containing assessments, judgments or which are covered by the privacy of private life. 2-do not consider themselves administrative documents, for the purposes of this Decree-Law: a) The personal notes, sketches, notes and other records of a similar nature; 17 b) documents whose elaboration has no administrative activity, in particular concerning the meeting of the Council of Ministers and Secretaries of State, as well as to your preparation.

Article 5 1-internal and external security documents that contain information whose knowledge is evaluated as being able to endanger or cause damage to the internal and external security of the State shall be subject to ban access or access under authorization, for the time strictly necessary, through the classification under specific legislation. 2-the documents referred to in the preceding paragraph can be freely consulted, pursuant to this law, after your disqualification or the expiry of the period of validity of the Classification Act.

Article 6 confidentiality of Justice access to documents relating to matters sub judice is governed by its own legislation.

Article 7 right of access 1-everyone has the right to information through the access to administrative documents of non-nominative. 2-the right of access to administrative documents comprises not only the right to obtain your reproduction, as well as the right to be informed about your existence and content. 3-the deposit of administrative documents in files shall not affect the exercise, at any time, the right of access to such documents. 4-access to documents contained in non-complete or the preparatory documents of a decision is deferred until the taking of the decision to prosecute or the course of a year after your preparation. 18 5-access to surveys and sindicâncias takes place after the deadline for possible disciplinary measures. 6-the documents referred to in this law are subject to partial communication whenever possible to expunge the information relating to the matter. 7-access to documents notarized and registral, to civil and criminal identification documents, to documents concerning personal data partially or fully automated treatment, to documents pertaining to personal data contained in these books or files designed with automated treatment and documents deposited in historical archives is governed by its own legislation.

Article 8 access to nominative documents 1-personal documents are communicated upon request to the person prior to whom the data relate, as well as third parties that obtain written permission. 2-outside the cases referred to in the preceding paragraph the nominative documents are still reported to third parties demonstrating direct, personal and legitimate interest. 3-communication of health data, including genetic data, the proprietor is made by a doctor designated by him.

Article 9 personal data correction 1-the right to amend, supplement or delete inaccurate personal data, insufficient or excessive is exercised in accordance with the provisions of the Personal Data Protection Act. 2-Only the corrected version of the personal data is subject to use or communication.

Article 10 denial of access to administration may refuse access to a document where communication question commercial, industrial secrets or the inner life of companies. 19 article 11 documents publications


1-Government publishes, by properly and where possible electronically:) all documents, including orders, circulars and internal regulatory guidelines, entailing administrative activity framework; b) the enunciation of all documents requiring interpretation of positive law or administrative procedure description, mentioning, in particular, your title, subject, date, origin and location where they can be consulted. 2-the publication and advertising documents should take place at intervals not exceeding six months and in a way that will encourage the regular access of interested.

CHAPTER II exercise of the right of access and re-use of public sector documents section 1 right of access article 12 1 Access Form-access to documents carries through: a) free consultation, carried out in services that stop them; b) reproduction by photocopying or by any technical means, including visual or audible; c) Passage of Administration Services certificate. 2 the reproduction in accordance with point (b)) of the preceding paragraph shall be a specimen, subject to payment by the request, the strictly financial burden corresponding to the cost of materials used and the service to be determined by regional legislative decree or Ordinance, as the case may be. 20 3-computerized documents are sent via e-mail or through other means of electronic transmission of data, wherever possible and appropriate to the intelligibility and reliability of your content and in terms strictly corresponding to the content of the record. 4-When the reproduction referred to in paragraph 1 can cause damage to the document in question, the applicant, at his own expense and under the direction of the service holder, can promote hand-copying or reproduction by any other means that does not harm to your conservation. 5-the requested Party shall have no obligation to create or adapt documents in order to meet the request, or the obligation to provide extracts from documents, if it involves a disproportionate effort, going beyond the simple manipulation of them.

Article 13 the Application Form 1-access to documents must be requested in writing via application whose model must be approved by order of Ministers responsible for the areas of finance, public administration and administrative modernization.

2-access to documents can be requested via electronic means, in accordance with the set by Ministers responsible for the areas of finance, public administration and administrative modernization.

Article 14 responsible for access In each ministerial department, regional secretariat, local authority, Institute and public association there is an entity responsible for the compliance with the provisions of this law.

Article 15 Reply 21 1 Administration-the entity who directed the request for access to a document shall, within 10 days: a) communicate the date, place and method for carrying out the consultation, carry out playback or obtain the certificate; b) Indicate, in accordance with article 268, paragraph 2, of the Constitution and of this law, the reasons for the total or partial refusal of access to the desired document; c) report that does not have the document and, if it is of your knowledge, what is the entity that owns or refer the application to this, communicating the fact that the interested party; d) Send to the applicant a copy of the request to the Commission for access to administrative documents for consideration of the possibility of access to the information recorded in the document in question. 2-the entity who directed request for access to nominative third document, written authorization of this unattended, requests the opinion of the Commission on access to administrative documents about the possibility of disclosure of the document by sending copy of the application to the applicant. 3-the same opinion can still be requested whenever the entity who directed application for access has doubts about the classification of the document, about the nature of the data to reveal or about the possibility of your revelation. 4-the request for an opinion filed pursuant to paragraphs 2 and 3 shall be accompanied by a copy of the application and all the information and documents that contribute to conveniently the instruct.

Article 16 right to complaint 1-the interested party may address the Commission on access to administrative documents within 20 days, a complaint against the express refusal, the lack of decision or decision of limiting the exercise of the right of access. 2-the Commission for access to administrative documents has the deadline of 30 days to draw up the corresponding report of the assessment of the situation by sending it, with the proper conclusions, to all interested parties. 22 3-on receipt of the report referred to in the preceding paragraph, the Board shall notify the person concerned of your final decision, grounded, within 15 days, without what is lack of decision.

Article 17 contentious Reaction When is not given full satisfaction to the request for access made pursuant to this law, shall apply the provisions of articles 104, 105, 106, 107 and 108 of the code of procedure in administrative courts.

SECTION II of the re-use of documents article 17 – general principle 1-The documents held or developed by entities referred to in article 3, to which access is permitted pursuant to this law, can be reused by natural or legal persons for purposes other than order of public service for which they were produced. 2-the provisions of this section shall be without prejudice to the use of texts of conventions, laws, regulations and administrative decisions or reports, or of any organs or judicial authorities of the State or administration, as well as the use of the official translations of these texts. 3-the provisions of this section do not apply to documents held or prepared by: a) public service broadcasting companies, their subsidiaries and other bodies that carry out functions of public service broadcasting; b) educational establishments and research, including, where appropriate, organizations created with a view to the transfer of research results; c) public or private legal persons engaged in providing cultural activities, including museums, libraries, archives, orchestras, operas, Ballet and theatre companies.

23 article 17-B application for re-use

1-the re-use of documents depends on the express permission of the entity that holds, upon request made by the applicant. 2-the application of reuse is formulated in the same application in which is requested access to the document, the model must be approved in accordance with article 13 3-When the re-use of documents intended for educational purposes or research and development, the applicant shall indicate this expressly.

Article 17-C deleted Documents may not be the subject of a request for re-use: a) documents prepared in a private management activity of the entity in question; b) documents the copyright or related rights belonging to third parties or the reproduction, dissemination or use can configure unfair competition practices.

Article 17-D Reply the requested Party 1-the entity who directed the request for re-use of the document shall, within the same period as that laid down in paragraph 1 of article 15: to Allow reuse of the document); or b) Indicate the reasons for refusing, in whole or in part, to reuse the document and what the means of supervision of the applicant against that decision. 2-the request for re-use of the document can only be refused on grounds of violation of legal provisions, in particular in some of the provisions of this decree-law. 3-the obligation to indicate the reasons for refusal understands the natural person or legal entity holder of copyright or related rights on the document, when this title constitutes the basis of refusal of reuse. 24 4-the period referred to in paragraph 1 may be extended once for an equal period, in cases of extensive or complex requests, by giving notice to the applicant in 5 days after the receipt of the request. 5-the acceptance of the request for re-use of documents containing personal data shall be subject, as appropriate, to the provisions of this law or the law of protection of personal data about access to such documents.

Article 17-and reuse conditions 1-the authorisation granted in accordance with the previous article can be made subject to compliance with certain conditions of reuse. 2-the re-use of documents can still be subject to payment by the applicant, in accordance with the terms and conditions to be laid down by order of Ministers responsible for the areas of finance, public administration and administrative modernization and the total amount charged for access and re-use exceed the costs incurred for the collection, production, reproduction and dissemination of the respective document plus a reasonable return, with a view to the recovery of any investments and the good quality of the service. 3-in the setting of the charge pursuant to paragraph 1, the requested Party shall be cost-oriented over the normal accounting year calculated in accordance with the applicable accounting principles. 4-tiered schemes should be introduced depending on the pricing documents are reused for commercial or non-commercial purposes, being free for re-use of documents for educational purposes or research and development. 5-the conditions for re-use and the values charged shall not unnecessarily restrict possibilities for re-use and the requested Party, in this way, discriminate against comparable categories of re-use or limit competition.

Article 17-F Advertising conditions for re-use and applicable prices, including the time and the form of payment, 25 are pre-set and advertised, where possible by electronic means, and shall be indicated the basis for calculation of the charge whenever requested by the applicant.

Article 17-G ban exclusive arrangements-1 it is prohibited to exclusive agreements of re-use of documents, with the exception of cases in which the Constitution of an exclusive right is necessary for the provision of a service of public interest. 2-The exclusive agreements concluded under the previous paragraph, as well as the reasons therefor, shall be advertised, whenever possible by electronic means. 3-the reasons underlying the Constitution of an exclusive right shall be subject to periodic review, to be carried out at least every three years. 4-The existing exclusive arrangements that do not comply with the provisions of paragraph 1 shall expire on 31 December 2008.

Article 17-H Subpoena for re-use of documents without prejudice to other guarantees provided for in the law, when not full satisfaction is given to reuse request made pursuant to this section, the person concerned may apply to the competent administrative court to subpoena the requested Party, being correspondingly applicable article 17 article 17 – disclosure of documents available for re-use 1-the entities referred to in article 3 shall advertise , where possible by electronic means, stock lists of documents available for re-use. 2-the information provided for in the preceding paragraph must be organised as soon as possible a decentralised stock portal, in order to facilitate the search for documents available for re-use. 26 CHAPTER III of Commission of access to administrative documents Commission 18-1 is created the Commission on access to administrative documents (EACH), which ensure compliance with the provisions of this law. 2-each is a public entity that works with the Assembly of the Republic and offers technical support and services.

Article 19 Composition and status of EACH


1-each is composed of the following members: a) A judge of the Supreme Administrative Court counsel, appointed by the Board of Governors of the Administrative and tax Courts, presiding; (b)) Two members elected by the Assembly of the Republic, being a proposal of the parliamentary group of the largest party which supports the Government and the other on a proposal from the largest opposition party; c) a law professor appointed by the President of the Assembly of the Republic; d) Two persons appointed by the Government; e) one representative of each of the autonomous regions, appointed by the respective Governments of the regions; f) a person designated by the National Association of Portuguese municipalities; g) A lawyer appointed by the Bar Association; h) a member appointed from among its vowels, by the National Commission for Data Protection. 2-all holders may be replaced by a substitute designated by the same entities. 3-the mandates are of two years, renewable, without prejudice to your cessation when finish the functions by virtue of which they have been designated. 27 4-the President of the remuneration and other benefits to which he is entitled as judge Counselor of the Supreme Administrative Court. 5-with the exception of the President, all members can exercise your mandate in accumulation with other functions. 6-the rights and benefits of members of EACH are laid down in the regulation of this law degree, being applicable to EACH of the provisions of paragraph 1 of article 11, paragraphs 2, 4 and 5 of article 13, article 15, paragraph 1 (a)) and c) of paragraph 1 and paragraph 2 of article 16 and of paragraph 1 of article 18 of Act No. 43/98 , 6 August. 7-in the sessions of the Commission on issues to be discussed that matter at a given entity may participate, without the right to vote, a your delegate. 8-members of EACH take possession before the President of the Assembly of the Republic in 10 days following the publication of the relevant lists in the first series of the Diário da República.

Article 20 Jurisdiction 1-competes to EACH: a) preparing your internal rules; b) enjoy the complaints are addressed by the parties concerned in accordance with this law; c) give advice on access to personal documents, in accordance with paragraph 2 of article 15, the request of the person concerned or of the service required; d) give advice on the communication of nominative documents between government bodies and services in case of doubt on the admissibility of this revelation, except in cases in which access should be allowed in accordance with law No. 67/98 of 26 October; and) comment on the system of classification of documents; f) give an opinion on the application of this decree-law and as well as on the development and implementation of additional qualifications, the request of the Assembly of the Republic, the Government and the management bodies; g) draw up an annual report on the implementation of this law and your activity, send to Parliament for publication and assessment and the Prime Minister; 28 h) contribute to the clarification and dissemination of different routes of access to administrative documents in the context of the principle of open administration; I) Instruct the processes of administrative offense. 2-the rules of procedure of EACH is published in the second series of the Diário da República. 3-the opinions are prepared by members of EACH, you can request for this purpose the appropriate support services. 4-the opinions are published in accordance with the rules of procedure.

Article 21 Cooperation in the administration of Public Administration are subject to the duty to cooperate with EACH, on pain of disciplinary responsibility.

CHAPTER IV administrative offences article 22 administrative offences 1-Practice a misdemeanour punishable by a fine natural or legal persons who:) to re-use public sector documents without authorization by the competent authority; b) Re-use of public sector documents without observing the conditions of re-use established under paragraph 1 of article 17; c) Re-use of public sector documents without having carried out the payment of the amount fixed pursuant to paragraphs 2 and 3 of article 17-2-the offences referred to in (a)) and (c)) of the preceding paragraph are punishable by the following fines: a) in the case of a natural person, at least € 300.00 and not more than € 3,500.00; b) in the case of a legal person, at least € 2,500.00 and a maximum of € 25,000.00. 29 3-the offence referred to in paragraph b) of paragraph 1 is punishable by the following fines: a) in the case of a natural person, at least of € 150.00 and a maximum of € 1,750.00; b) in the case of a legal person, at least 1250.00 € and a maximum of € 12,500.00.

Article 23 Negligence and negligence and attempt to try are always punished in administrative offences provided for in the preceding article.

Article 24 Application of fines 1-the application of the fines provided for in this law the President of EACH, after education and deliberation of the Commission. 2-the decision of EACH, after approved by the President, is enforceable, if not contested within legal being.

Article 25 destination of revenue collected the amount of sums levied as a result of the application of fines, reverts:) In 40% for EACH; b) In 40% to the coffers of the State; and (c)) In 20% to the authority referred to in article 3 injured with the practice of the infringement.