Key Benefits:
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PROPOSED LAW NO. 150 /X
Exhibition of Motives
Giving continuity to the efforts of the international community to eliminate weapons
of mass destruction and indiscriminate, was opened to signature on January 13 of
1993, in Paris, the Convention on the Prohibition of Development, Production,
Storage and Use of Chemical Weapons and on their Destruction, approved by
Portugal by the Resolution of the Assembly of the Republic No 25-A/96 of July 23, and
ratified by the Decree of the President of the Republic n 25-C/96 of July 23.
The said Convention has as its ultimate goal the ultimate eradication of weapons
chemical, covering not only the bélico device and the manufacturing facilities and
assembly of its components, as also by controlling any chemical
or of biological provenance which, directly or indirectly, coadjuves the elaboration
of that kind of weapons.
In effect, there are certain toxic chemicals and their percursors that are
used for the manufacture of chemical weapons or that, by an appropriate process,
may come to be so, but that at the same time they use themselves in the production of subjects of
peaceful use, which is why the Convention sets out requirements and standards of control
whereas, without interfering with civil activities, they prohibit the possible deviation,
intentional or not, for the elaboration of chemical weapons. This duality in the use and
production of certain chemical substances justifies the implementation of a system of
verification that ensures compliance with the obligations assumed by each State Party
of the Convention.
In the face of such purposes, the Convention provides in its Article VII the need for the adoption
by the States Parties to national implementation measures that ensure the
compliance with obligations arising from it, including the creation of legislation
penal concerning the activities prohibited by the Convention.
Stresses the Convention that each State Party shall adopt, in accordance with the
your constitutional principles, the necessary measures to prohibit, any that
are the circumstances, the natural or legal persons who find themselves in
any place in your territory or in any other place under your jurisdiction,
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as recognized by international law, to carry out any activity
prohibited by the Convention.
Law No. 5/2006 of February 23 approved the criminal liability regime
applicable to activities prohibited by the Convention, so the present diploma if
refrains from implementing this obligation arising from the Convention.
It further provides for the Convention, in its Article VII, that each State Party shall designate or
constitute a national authority that is the internal coordination centre,
incarcerate to maintain an effective link with the remaining States Parties and with the
Organization for the Prohibition of Chemical Weapons.
The constitution and operation of the National Authority for the Prohibition of Arms
Chemicals in Portugal were initially regulated in the Resolution of the Council of
Ministers No 171/97 of October 13, which is to be revoked. In effect, it is necessary
update its composition, detail its functions and mode of operation, well
as the technical-scientific support to be provided, as provided for in the Regulatory Decree
n ° 45/2007 of April 27 approving the organic of the Directorate-General for Politics
External.
The National Authority for the Prohibition of Chemical Weapons was the responsible entity
by the coordination of this Law.
The National Data Protection Commission was heard.
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:
Title I
General Provisions
Article 1.
Subject
1-A This Law aims to enshrine the national measures necessary to give
compliance with the obligations arising from the Convention on the Prohibition of the
Development, Production, Storage and Use of Chemical Weapons and
on its Destruction, hereinafter referred to as a Convention.
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2-The national measures necessary to comply with the obligations arising
of the Convention on criminal liability are contained in Law No 5/2006,
of February 23.
Article 2.
Scope of application
The provisions of this Law shall apply to any natural or legal person
that, in customary or occasional manner, perform, in the national territory or in any other
place under national jurisdiction, the activities provided for in the Convention, specifically in the
which refers to its production, processing, consumption, marketing, transportation,
possession, ownership or effective control of toxic chemical substances indicated in the
lists 1, 2 and 3 that are listed in the "Annex on Chemicals of the Convention" and its
precursors, as well as of other organic chemicals covered by the
Convention.
Article 3.
Definitions
For the purposes of this Law, they shall apply, unless otherwise stipulated, the definitions
provided for in Article II of the Convention and in Part I of the Annex on Implementation and
Verification of the Convention on toxic chemicals and their precursors,
specifically:
a) "Chemical weapons", jointly or separately, pursuant to the provisions of the n.
1 of Article II of the Convention:
i) The toxic chemicals and their precursors, except when
intended for purposes not prohibited by the Convention, provided that the types and the
quantities of such products are compatible with these purposes;
ii) The ammunition and devices specifically designed to cause the
death or cause injury through the toxic properties of the products
chemists specified in the previous sub-paragraph, when released as
result of the use of these ammunition or devices;
iii) Any equipment specifically designed to be used in
direct relation to the use of ammunition and devices
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specified in the previous subparagraph;
b) "Toxic chemical product", pursuant to the provisions of Article II (2)
Convention, all the chemical that, by its chemical action on the
vital processes, can cause death, temporary disability or injury
permanent in human or animal beings, falling within all the
chemicals of this type, regardless of their origin or method of
production that are produced in facilities, either as ammunition or from
another form;
c) "Precursor", pursuant to the provisions of Article II (3) of the Convention, all the
chemical reagent that intervenes at any stage of the production of a product
toxic chemical, whatever the method used, falling covered
any key component of a binary chemical system or
multicomponent;
d) "Agent anti-riots", pursuant to the provisions of Article II (7)
Convention, any chemical not included in any of its
lists, which can quickly provoke in humans an irritation
sensory or a physical disability that disappears shortly after
ended the exposure to the agent;
e) "OPAQ", the Organization for the Prohibition of Chemical Weapons, established
in accordance with Article VIII of the Convention;
f) "ANPAQ", the National Authority for the implementation of the Convention on
The Prohibition of Development, Production, Storage and Use of
Chemical Weapons and on their Destruction;
g) "Facility Agreement", an agreement entered into between a State Party of the
Convention and the Organization in respect of a given facility subject to
verification, in accordance with Articles IV, V and VI of the Convention, by the
what define the terms and procedures that regulate inspections
subsequent to the initial inspection;
h) "Initial Inspection", is the first inspection in situ of the facilities for
verification of the statements made in the terms of Articles III, IV, V and VI
of the Convention;
i) "Routine inspection", inspection in situ of the premises, subsequent to the initial,
carried out by the OPAQ to verify compliance with the Convention;
j) "declared Installation", any of the industrial establishments
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defined in the Annex on Verification of the Convention, ("industrial complex",
"factory", "unit") in relation to which the ANPAQ's statement to the
OPAQ, provided for in Article VI of the Convention;
l) "Purposes not prohibited by the Convention", pursuant to the provisions of paragraph 9 of its
article II:
i) The industrial, agricultural, research, medical,
pharmaceuticals or other carried out with peaceful purposes;
ii) The purposes of protection, particularly those relating directly to the
protection against toxic chemicals and their precursors and the
protection against chemical weapons;
iii) Military purposes unrelated to the use of chemical weapons and
that do not depend on the toxic properties of chemicals and their
precursors as a method of war;
iv) The maintenance of the order, including the control of riots domesthally.
Article 4.
Licensing
Without prejudice to the current Community legislation, it is incumbent on the Directorate General of the
Customs and Special Taxes on Consumption the licensing of trade
external of the toxic chemicals and their precursors covered by the Convention and
not included in the national list of military goods and technologies subject to licensing and
prior certification.
Title II
National Authority for the Prohibition of Chemical Weapons
Article 5.
Composition
1-A The National Authority for the Prohibition of Chemical Weapons (ANPAQ) is the organ
of direct connection with the OPAQ and the other States Parties to ensure the
compliance with the obligations arising from the Convention.
2-A ANPAQ is presided over by a senior official of the Ministry of Business
Foreigners and integrates a representative of the ministries that tutelize the following
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areas:
a) National Defence;
b) Finance;
c) Internal Administration;
d) Economics;
e) Science;
f) Health; and
g) Information Service.
3-The operation regulation of the ANPAQ is approved by joint order of the
members of the Government mentioned in the preceding paragraph.
4-The members of the ANPAQ provide all the support and collaboration for the achievement of the
purposes of the Convention, within the framework of its tasks and in the exercise of its
competences, specifically in the inspection and verification actions provided for in the
Convention.
5-The president of ANPAQ is appointed by dispatch of the Minister of Business
Foreigners.
6-The Ministry of Foreign Affairs, through the Directorate General for Policy
External, provides support to ANPAQ, providing it also from all necessary means
to its functioning.
7-When this is justified, on the grounds of matter, a ministry may be represented
for more than one representative.
8-In addition to the above-mentioned ministerial representatives, they may still do
part of the National Authority, upon proposal to be formulated in that direction by the
same, representatives of other ministries, specifically those of the tutelam
areas of Innovation, Agriculture and Environment, whose participation comes to be
deemed necessary for the pursuit of the objectives of the Convention.
9-The remaining entities or bodies of the Central, Regional or Local Administration,
when requested, they must provide the necessary support for the achievement of the objectives
of the ANPAQ.
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Article 6.
Competencies
1-Compete to ANPAQ, as a national coordinating centre, ensure the
fulfillment of the obligations assumed by Portugal in the framework of the Convention and
maintain an effective link with the OPAQ and the other States Parties.
2-For the purposes of the preceding paragraph, it shall compete with the ANPAQ, specifically:
a) Overseeing the implementation of the Convention and deal with all matters
related to their application, as well as point out solutions for the
resolve;
b) Promote all necessary verification and control measures for the
compliance with the Convention;
c) Analyze the results obtained in the inspections and recommend measures that
can ensure a better application of the Convention;
d) Define the composition of the National Follow-up Team;
e) Determine which procedure is most appropriate to authorize participation
of an observer, in the event that an inspection is taking place on suspicion of the
Article IX, paragraph 2 of the Convention, as well as decide in case of doubts that
arise during an inspection, and more particularly, as to the answer
appropriate to an application submitted by the inspection team or to a
refusal on the part of the representative of the inspected site;
f) Issue opinion, where requested, in respect of the acceptance of inspectors
international, as well as to their refusal;
g) Contribute to the definition of the principles that will guide the implementation of the
article X (assistance and protection against chemical weapons) and Article XI
(economic and technological development) of the Convention;
h) Participate in the definition of the positions of Portugal in the OPAQ and contribute to the
formulation of the measures and programmes adopted by this Organization;
i) Elaborate and transmit the statements, notifications and communications provided for in the
Convention or deemed relevant to the fulfillment of the Convention;
j) Comply with other obligations arising from the Convention.
l) Require the collaboration of the authorities deemed necessary and with
competence, inter alia, in the areas of safety and civil protection,
for the realization of verification and control actions.
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Article 7.
Technical-scientific support
1-To ensure the full fulfillment of the obligations imposed by the Convention, the
ANPAQ receives technical-scientific support for, inter alia:
a) The drafting of the national declarations to be made to the OPAQ, on the basis of the
information provided by the entities obligated by the provisions of the
Convention, by having you check in advance of its veracity, as well as
compile, archive and keep an updated record of them.
b) The coordination of the National Follow-up Team;
c) The monitoring of OPAQ's inspection teams on national territory,
ensuring that inspections by the OPAQ teams are carried out in accordance
with the Convention and with the legitimate interests of the Portuguese State;
d) The guarantee of compliance with the confidentiality requirements of all the
data to be manipulate in accordance with the Convention and this Law;
2-Within the maximum period of 90 days from the entry into force of this Law, the ANPAQ
presents to the representatives of the ministries that integrate it with a proposal on the
modalities and estimation of the costs of the necessary technical-scientific support.
Title III
Information
Article 8.
Obligation of communication
1-Natural or legal persons who develop activities provided for in the article
2. shall communicate to ANPAQ the information necessary for the exercise of its
competencies, in accordance with the modalities, deadlines and limits set out in the
Convention.
2-Natural or legal persons marketing or transactionable products
toxic chemicals and their precursors, in a pure or blending state, covered by the
Convention, shall inform the buyer, intermediary or end user of the
duties of submission to control and declaration provided for in the Convention and in the present
law.
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Article 9.
Protection of data
1-The data, information and documentation that find themselves in power of the authorities
and administrative bodies, by virtue of the provisions of this Law, are of character
classified, having the level of protection given in this matter by the OPAQ, well
as by the applicable national legislation on personal data protection.
2-This data may be used and transmitted to the OPAQ and the States Parties,
where it is necessary for the fulfilment of the obligations arising
of the Convention.
Article 10.
Duty of confidentiality
Any natural or legal person, or public or private entity that posits
confidential information obtained by the application of this Law, cannot communicate it or
allow it to be communicated, nor does it allow access to it, without the consent
prior to the entity from which it obtained it, save in fulfilment of an obligation
arising from the Convention, in the terms of the previous article.
Title IV
Verification
CHAPTER I
General Provisions
Article 11.
OPAQ Inspection Team and National Follow-up Team
1-The inspections and investigations carried out by the OPAQ Inspection Team at
compliance with Articles IV, V, VI, IX and X of the Convention are carried out in the
presence of elements of the National Follow-up Team, with the
competences provided for in Article 13.
2-A OPAQ Inspection Team enjoys the established privileges and immunities
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in the points a) a d) of paragraph 11 of the epiggraft B), Part II of the Annex on Verification, of the
Convention.
3-In the performance of their duties the National Follow-up Team complies and
zela for compliance with national legislation and the Convention.
4-A National Monitoring Team must take into account legitimate interests
of the entities subject to verification, in particular in the framework of the measures of
protection of facilities so as to prevent them from becoming vulnerable in terms of
security or confidentiality of your data, in accordance with the provisions of
in the Convention.
5-A National Follow-up Team must communicate to ANPAQ all data
relevant to the effects of the provisions of this Law to take notice of
during the respective inspection or investigation.
CHAPTER II
Implementation of the Inspectorate or Verification
Article 12.
Competencies of the OPAQ Inspection Team
1-For the conduct of the inspections and verifications referred to in Articles IV, V, VI,
IX and X of the Convention and in accordance with that provided for in this, the Inspection Team of the
OPAQ has, specifically, competence for:
a) We collect information from the representatives of the facility, soon upon arrival and
before commencement of the inspection, of the activities in it developed, of the
safety measures and the necessary administrative and logistical supports
for the inspection, in accordance with the specifically determined conditions;
b) Obtain the authorization for the employment of the frequencies required for the use of
means of communications, together with the ANPAQ;
c) Unrestricted access to the inspection polygon of the facility declared by the
ANPAQ and do your recognition during the normal time of
operation and expedient;
d) Use the equipment belonging to the Technical Secretariat of the OPAQ,
approved in accordance with the Convention and ask that the National Team
of Follow-up provide equipment in situ that does not belong to the OPAQ;
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e) Interview any member of the facility staff, in the presence of
representatives of the National Follow-up Team, requesting only the
information and data that are necessary for the conduct of the inspection;
f) Inspect the documents, expedient and records it considers relevant;
g) Request that the National Follow-up Team or the responsible persons of the
installation collect samples in the presence of the inspectors and take photographs,
or that both are obtained directly by the Inspection Team, if this is
previously agreed with those;
h) Carry out the analysis of the samples in situ and request assistance for this purpose,
well how to transfer samples so that they are analyzed in laboratories
designated by OPAQ;
i) Request the representatives of the facility, in cases where it is strictly
necessary for the fulfilment of its mandate, the achievement of certain
operation operations of the facility;
j) Order, through the National Follow-up Team, clarifications
of the doubts raised during the inspection, together with the ANPAQ;
l) Request for an extension of the inspection periods with the Team agreement
National of Follow-up, along with ANPAQ.
2-In the case of the conduct of inspections to be carried out as a result of a complaint
of a State Party, in the terms provided for in Article IX, paragraph 8 of the Convention, the Team
of OPAQ Inspection may also:
a) Unrestricted access to the definitive perimeter of the inspection polygon,
conventionalized in negotiations between the OPAQ Inspection Team and the
National Monitoring Team and make your recognition even
out of the normal operating and expedient hours, as well as access the
enclosures of the owner or holder or the staff of the installation and make their
recognition, with the aim of preventing imminent dangers to the
security and public order;
b) Request to the National Follow-Up Team that collect information
factual on the whole movement of outbound movement of land, air and
aquatics from all exit points of the perimeter to be inspected;
c) Apply perimeter surveillance procedures to be inspected, including
identification of vehicle outputs, maintenance of record books of
traffic, take photographs, record video films, use sensors, allow the
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random selective access and collect samples, realizing all these
activities within a surrounding outer strip of the perimeter, whose
width, measured from this, will not exceed the 50 metres;
d) Control and inspect the vehicles leaving the perimeter a
inspect with the exception of private passenger vehicles, which no
may be the subject of inspection;
e) Analyze samples.
3-The exercise of the powers provided for in the preceding paragraph shall have the purpose
exclusive to resolve the issues that have aroused the complaint.
4-In the case of the inspections provided for in paragraph 2, the OPAQ Inspection Team, with the
prior consent of ANPAQ, may be accompanied by an observer at
representation of the State Party solicitor or State Third Party, which enjoys the
privileges and immunities provided for in paragraph 15 of the epiggraft B of Part II of the Annex
on Verification of the Convention.
5-Within the framework of the provisions of Articles IX and X of the Convention, in the investigations which
elapse as a result of alleged use of chemical weapons or agents
anti-riots as a method of war, the OPAQ Inspection Team has yet
the following competences:
a) Carry out the recognition of the persons exposed for the purpose of
comprove whether to present signs or symptoms of the employment of chemical weapons,
well how to interrogate these people and the eyewitnesses about their
possible employment;
b) Interviewing the medical staff and other people who have attended to the people
affected by the alleged use of chemical weapons or who have treated or
been in contact with such persons;
c) Consult with clinical processes, with access to information strictly
necessary for the performance of their duties, on the deadline and with the effectiveness
intended.
d) Participate in autopsies of the corpses of the victims of the alleged use of
chemical weapons.
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Article 13.
National Monitoring Team
1-By National Follow-up Team is understood the set of elements a
indicate by the ANPAQ, constituted by the representatives of the ANPAQ that the inspection
justifies, elements of technical-scientific support and police forces,
specifically, to which it is up to supervise all the activities of the Team of
Inspection of the OPAQ, from its entry into national territory until its exit from the
same.
2-To carry out the monitoring of inspections and verifications to which they refer
the Articles IV, V, VI, IX and X of the Convention, the National Team of
Follow-up, in addition to the functions explained in the following articles, has
competence to:
a) Inspect, in the presence of the OPAQ Inspection Team and on behalf of the
ANPAQ, the equipment of the said Team in accordance with the n. ºs 27 a
30, of Part II, of the Annex on Verification of the Convention;
b) Make sure that the OPAQ Inspection Team is formed by
inspectors authorized by the ANPAQ;
c) To substantiate and ensure that the OPAQ Inspection Team limits its
functions to the established in the Convention and to the provisions expressly in the
warrant for inspection;
d) Ensure that in the use of means of telecommunications, the Inspection Team of the
OPAQ uses the frequencies that were previously authorised to it;
e) Observe all the verification activities that the Inspection Team of the
OPAQ carry out;
f) Request and receive copies of the information and data obtained on the installation,
by the Technical Secretariat of the OPAQ;
g) Access without restriction, in the exercise of its monitoring functions, to the
land and buildings of the facility that are inspected by the Team of
Inspection of OPAQ;
h) Witness all interviews that the Inspection Team carries out to any
member of the staff of the facility, making sure that it is requested only to
information and the data necessary for the purpose of carrying out the inspection;
i) Authorize the collection of samples or the direct achievement of these, provided that there is
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express request from the OPAQ Inspection Team;
j) Conserve portions or collect duplicates of all samples collected by the
National Monitoring Team, by the responsible of the installation and by the
OPAQ Inspection Team;
l) Be present when analyzing the samples in situ ;
m) Take photographs when requested by the OPAQ Inspection Team;
n) Provide the necessary clarifications that arise during the inspection between
the officers of the facility and the OPAQ Inspection Team.
3-In the event of a divergence between the OPAQ Inspection Team and the National Team
of Follow-up, on the relevance or not of the questions held under the shelter
of the provisions of the paragraph h) from the previous number, the National Team of
Follow-up will ask for them to be delivered in writing so that
proceed to your subsequent response by ANPAQ, with prior consultation with the staff of the
installation.
4-In cases where prior denunciation of another State occurs, which results in the achievement
of one of the inspections and investigations referred to in Article IX, paragraph 8 of the
Convention, in addition to the competences mentioned in the preceding paragraph, the Team
Follow-up National also has the following skills:
a) Observe and comply with the activities that the OPAQ Inspection Team conducts
or solicit, as per the provisions of Article 12 (2);
b) Develop without restriction on the part of the inspected facility, all
constant activities of Part X of the Annex on Verification of the Convention.
Article 14.
Composition of the National Follow-up Team
1-In the making of the inspections and verifications referred to in Articles IV, V, VI,
IX and X of the Convention, the OPAQ is accompanied by a National Team of
Follow up.
2-A The composition of each National Follow-up Team is defined by the
ANPAQ in accordance with the type of inspection or verification to be carried out, and may
integrate, in addition to members of the entity providing the technical-scientific support to the
ANPAQ, representatives of the Ministry of Foreign Affairs, Ministry of
Internal Administration, Ministry of National Defence, Ministry of Finance and
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Public Administration, and, specifically, representatives of GNR and PSP.
3-A ANPAQ shall ensure that the functions performed by the elements that
integrate the National Follow-up Team prevail over others
activities to which they are obliged.
Article 15.
Duty of collaboration
1-The entities under verification shall provide the ANPAQ with all information and
documentation necessary for the fulfilment of the verification and control functions
legally established.
2-Such entities shall allow or facilitate access to their facilities and provide the
assistance required for the investigations and inspections that take place in
compliance with the established in the previous articles.
Article 16.
Cooperation and assistance
The entities under verification, where it is shown to be necessary in the framework of
articles IV, V, VI, IX and X of the Convention, shall provide the assistance and cooperation
necessary to the OPAQ Inspection Team and the National Follow-up Team,
in the conduct of the inspections and investigations provided for in the preceding Articles,
specifically:
a) Appoint a representative for the inspection, at the request of the coordinator of the Team
Follow-up National, which will be empowered to provide all the
internal instructions necessary for the conduct of the inspection and to take in
name of the entity which is the subject of verification, the relevant decisions in relation to the
OPAQ Inspection Team and the National Follow-up Team,
caretaking for the fulfillment of the obligations of assistance and cooperation that
arise from this Law.
b) To inform the OPAQ Inspection Team about the matters respecting the
installation, the activities there developed, the security measures and the
relevant administrative and logistical supports for the inspection;
c) To provide the OPAQ Inspection Team with the necessary material means within
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of the installation, relying on the support of the ANPAQ and ensuring that its use
not collated with the safety of the installation;
d) Carry out the necessary operations at the facility, for the full compliance of the
warrant for inspection;
e) Collect samples at the request of the OPAQ Inspection Team, with prior
permission from the National Follow-up Team and attend the collection of
samples by those, in accordance with Part II, paragraphs 52 and 53, of the
Annex for Verification of the Convention;
f) Photograph objects and buildings on the perimeter of inspection, in the case of
subsist doubts with them related and these are not clarified
during the inspection;
g) Compile data on all the output movements of the relevant facility, in the
inspections carried out by virtue of the provisions of Article IX, paragraph 8 of the Convention and
in the terms of this Act;
h) Place at the disposal of the OPAQ Inspection Team the documents and the
necessary information, in such a way as to ensure that the places and means of the
facility to which access has been allowed during the inspection or
research are used exclusively for purposes not prohibited by the
Convention;
i) Contribute to the verification of the preliminary enquiries to the realization of the
inspections and the necessary clarifications;
j) To provide ANPAQ with the necessary information and to collaborate with the same, in
measure of what is requested, within the framework of the negotiation, conclusion and
compliance with the installation agreements referred to in the following article.
Article 17.
Installation agreements
1-A ANPAQ must negotiate with OPAQ the facility agreements that consider themselves
necessary in the terms and for the purposes set out in the Convention, in particular shall
negotiate agreements for the facilities related to chemical substances
constants of the lists n. the
1 and 2 of the Annex to the Convention on Chemical Products
toxic and its precursors.
2-As far as the installations related to the constant chemical substances are concerned
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of Schedule No 3 of the Annex to the Convention on Toxic Chemicals and Their
precursors or defined organic chemical substances also covered by the
Convention, the ANPAQ, in accordance with the facility concerned, may request the
OPAQ that devises the installation agreements.
3-In the process of drawing up an installation agreement, ANPAQ proceeds to
prior hearing of the legal representatives of the purpose of the inspection.
Article 18.
Rights and guarantees
1-The investigations and inspections carried out in accordance with this Title shall
carry out with the prior consent of the legal representatives of the facility or
with the authorization of the competent judicial authority.
2-A OPAQ Inspection Team must take the necessary precautions in the sense
of avoiding creating unnecessary obstacles or delays to the operation of the plant,
in accordance with paragraphs 38 a to 40, of Part II of the Annex on Verification of the
Convention.
3-The coordinator of the National Follow-up Team can oppose the
activities of the Inspection Team that are of an overly nature
disruptive or retardant of the operation of the facility.
4-If damage is caused to an entity subject of verification by a member of the
Inspection Team, the Portuguese state responds civilly by the same, in the
terms of the legislation applicable to damage caused by their organs and agents
administrative in the exercise of their duties and as a result of that exercise.
Title V
Counterordinational liability
CHAPTER I
Counterordinational offences
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Article 19.
Counter-ordering
1-Without prejudice to the criminal liability to which there is place, commits one against-
ordering who:
a) Carry out the commercial activities provided for in Article 2:
i) Without obtaining permission or having obtained such permission by
false or incomplete declaration, in accordance with the standards in force, or
ii) With recourse to a third party, not authorised to carry out such operations in accordance
with that provided for in the Convention, or
iii) With recourse to an authorised third party, which acquies them with the aim of the
give in, or that cede them to other entities not authorized to receive them, always
that this unlawful purpose is the knowledge of the first transferor, at the date of
realization of the yielding;
b) Carry out transfers or cedances to any state of substances
chemical listed in the list No 1 appended to the Convention, which come from
another state;
c) Transfer or receive from States not Part chemical substances constant
lists n. 1 and 2 of the Annex to the Convention on toxic chemicals and their
precursors;
d) Transfer to States not Part chemical substances listed in Schedule No 3
of the Annex to the Convention on Toxic Chemicals and their precursors without
that first has received a "final use certificate" issued by the
competent authority of that State;
e) Breach the duty of confidentiality concerning the information referred to in the article
10.
f) Breach the duty to communicate the data referred to in Article 8;
g) Provide false statements by reference to Article 8;
h) To refuse or resist access by the competent authorities to the premises or to the
its dependencies for the realization of inspections, investigations and controls
established pursuant to this Law;
i) Refuse or resist to provide the competent authorities with information that is
required for the exercise of inspection, research and control activities
provided for in this Law;;
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j) Communicate the information provided for in Article 8 outside of the time limits set out.
2-A attempt and neglect are punishable, being reduced to half the values
maximum and minimum of the fines provided for in the following article.
Article 20.
Fines
1-The counter-ordinations provided for in points a) and b) from the Article 19 (1) are
punishable with fine from € 5,000 up to € 50,000 when you treat yourself to a natural person and
with fine of € 70,000 up to € 150,000 when dealing with a legal person.
2-The counter-ordinations provided for in points c) , d) , h) and i) of Article 19 (1) are
punishable with fine from € 15,000 up to € 90,000 when you treat yourself to a natural person and
with fine of € 150,000 up to € 300,000 when dealing with a legal person.
3-The counter-ordinations provided for in points e) , f) and g) of Article 19 (1) are
punishable with fine of € 100 up to € 50,000 when dealing with a natural person and with
cofine from € 1000 until € 150,000 when dealing with a legal person.
4-A counter-ordinance provided for in the paragraph j) of Art. 19 (1) is punishable by fine
from € 1,500 until € 5,000 when it is a natural person and with fine of € 2,500
Euro to € 25,000 when you treat yourself to the legal person.
Article 21.
Ancillary sanctions
1-The counter-ordinations provided for in Article 19 may still determine, when it is
gravity to justify it, the application of the following ancillary sanctions:
a) Loss of the objects belonging to the agent, when they served or were
intended to serve for the practice of counterordinance, or by this were
produced;
b) Interdiction for a period up to two years of the exercise of the activity;
c) Deprivation of rights to subsidies or benefits bestowned by entities or
public services, for a period up to two years;
d) Closure of the establishment for a period up to two years;
e) Suspension of permits, licences and alvargas, for a period up to two years;
f) Dissolution of the Collective Person.
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2-A the application of the ancillary penalties provided for in points b) a f) of paragraph 1 is
communicated officiously to the public entities and bodies with assignments and
skills in the respective matter.
Article 22.
Prescription of the procedure
1-The administrative procedure extinguishes itself by the effect of the prescription as soon as on the
practice of the offences set out in Article 19, the following deadlines have elapsed:
a) Five years, when dealing with the offences provided for in points a) a d) , h) and i)
of Article 19 (1);
b) Three years, in the remaining cases.
2-A The prescription of the procedure interrupts itself:
a) With the communication to the person concerned of the commencement of the sanctioner procedure;
b) With the realization of any representations of evidence;
c) With any statements that the person concerned has delivered in the exercise of the
right of hearing.
3-In the case of tender for infringements, the interruption of the limitation of the procedure
criminal determines the interruption of the prescription of the procedure by against-
ordering.
CHAPTER II
Counterordinance process
Article 23.
Subsidiary regime
Without prejudice to the provisions of this Law, the procedure of counterordinations is
applicable secondarily the general scheme of the counter-ordinations, provided for in the Decree-
Law No. 433/82 of October 27, with the amendments introduced by the Decree-Law No.
244/95, of September 14 and by Law No. 109/2001 of December 24.
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Article 24.
Competition for offences
1-Cannot be the subject of sanction pursuant to this Law the conduct of
to the same subject, who have already been penal or administratively punished.
2-A The instruction of criminal actions in the courts suspending the tramway of the
expedient counter-ordinance that has been instructed on the same subject and
that concerns the same conduct, as well as the execution of the decision of
conviction.
3-The cautionary arrangements that have been adopted can keep up while not
there is express pronunciation of the corresponding judicial authority, pursuant to the
previous number.
4-If the same fact constitutes both crime and counterordinance, the agent is
always punished for the title of crime, without prejudice to the application of the ancillary sanctions
predicted for counter-ordinance.
Article 25.
Collaboration as to the means of proof
ANPAQ may ask the competent authorities for the practice of all acts
necessary and urgent to ensure the means of evidence or the practice of acts that
obstinate that it is hampered the discovery of the truth.
Article 26.
Competence
1-For the instruction of counterordinance processes are competent the Authority
of Food and Economic Security (ASAE) and the Directorate General of Customs and
of the Special Tax on Consumption (DGAIEC), as the illicit is
indicted in the scope of the respective assignments.
2-For the application of sanctions by the counter-ordinations typified in Article 19 is
competent the Commission for the Application of Coimas in Economic Matters and
Advertising (CACMEP).
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Article 27.
Product of the fines
The product of the fines applied for infringement of the provisions of this Law reverses in
60% for the State, in 20% for the instructor-led entity of the proceedings against-
ordering and 20% for the entity responsible for the application of the respective sanctions.
Title VI
Final provisions
Article 28.
Rule of Interpretation
In the event of a conflict between the provisions of the Convention and those of this Law shall prevail
the provisions of the Convention.
Article 29.
Abrogation standard
The Resolution of the Council of Ministers No 171/97 of October 13 is repealed.
Article 30.
Entry into force
This Law shall come into force 90 days after its publication.
Seen and approved in Council of Ministers of June 6, 2007
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs