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Adopted The Law On The Implementation Of The Convention On The Prohibition Of The Development, Production, Stockpiling And Use Of Chemical Weapons And On Their Destruction

Original Language Title: Aprova a Lei relativa à implementação da Convenção sobre a Proibição do Desenvolvimento, Produção, Armazenagem e Utilização de Armas Químicas e sobre a sua Destruição

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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