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1 PROPOSAL of law No. 150/X explanatory memorandum giving continuity to the efforts of the international community to eliminate weapons of mass destruction and indiscriminate, was opened for signature on 13 January 1993, in Paris, the Convention on the prohibition of the development, production, Stockpiling and use of chemical weapons and on their destruction, Portugal approved by Resolution of the Assembly of the Republic n° 25-A/96 , July 23, and ratified by Presidential Decree No. 25-C/96, of July 23. The Convention aims at last permanent eradication of chemical weapons, covering not only the war device and the installations for the manufacture and Assembly of its components, as well as controlling any chemical or biological origin which, directly or indirectly, assist the development of this type of weapons. In fact, there are certain toxic chemicals and their precursors that are used for the manufacture of chemical weapons or which, through an appropriate procedure, may be, but at the same time, are used in the production of materials from peaceful use, reason why the Convention establishes control requirements and standards, without interfering in civil activities , prohibit the possible misuse, intentional or not, to the development of chemical weapons. This duality in the use and production of certain chemicals justifies the implementation of a verification system that ensures compliance with the obligations undertaken by each State party to the Convention.
Faced with such purposes, the Convention provides in its article VII the need for the adoption by States parties of national implementation measures to ensure the fulfilment of the obligations arising out of the same, including the creation of criminal law relating to activities prohibited by the Convention. The Convention stresses that each State party shall adopt, in accordance with its constitutional principles, the necessary measures to prohibit, whatever the circumstances, natural persons or legal entities that are anywhere on its territory or in any other place under its jurisdiction as recognized by international law 2, to carry out any activity prohibited by the Convention. The law No. 5/2006, of 23 February, adopted the regime of criminal liability applicable to activities prohibited by the Convention, by which the present law refrains from implementing this obligation under the Convention. Also provides for the Convention, in its article VII, which each State party shall designate or establish a national authority which is the internal coordination centre, in charge of maintaining an effective liaison with other States parties and with the Organization for the prohibition of chemical weapons. The Constitution and functioning of the National Authority for the prohibition of chemical weapons in Portugal were first regulated in the Council of Ministers Resolution No. 171/97, of 13 October, that repeals. Indeed, it is necessary to update its composition, detail the functions and mode of operation, as well as the scientific and technical support to be provided, as laid down in the implementing Decree No. 45/2007, of 27 April, approving the organic of the Directorate-General of foreign policy. The National Authority for the prohibition of chemical weapons was the entity responsible for the coordination of this law. Was heard the National Commission for Data Protection.
So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: title I General provisions Article 1 subject-matter 1-this law aims to establish the necessary national measures to comply with the obligations under the Convention on the prohibition of the development, production, Stockpiling and use of chemical weapons and on their destruction , hereinafter called Convention.
3 2-the national measures necessary to comply with the obligations under the Convention in respect of criminal liability in the law No. 5/2006, of 23 February.
Article 2 scope the provisions of this law shall apply to any natural or legal person who, habitually or occasionally, perform in the national territory or in any other place under national jurisdiction, the activities provided for in the Convention, in particular with regard to their production, processing, consumption, marketing, transportation, possession, ownership or effective control of toxic chemicals listed in the schedules 1 , 2 and 3 in the "annex on Chemicals of the Convention" and their precursors, as well as other organic chemicals covered by the Convention.
Article 3 definitions for the purposes of this law, shall apply, unless otherwise provided, 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, including: a) ' chemical weapons ', jointly or separately, in accordance with the provisions of paragraph 1 of article II of the Convention: i) toxic chemicals and their precursors , except where intended for purposes not prohibited by the Convention, since the types and quantities of these products are compatible with these purposes; II) munitions and devices specifically designed to cause death or injury through the toxic properties of chemicals specified in the previous point, when released as a result of the use of these munitions or devices; III) Any equipment specifically designed for use in direct relation with the use of munitions and devices specified in article 4; b) "toxic chemical ', in accordance with the provisions of paragraph 2 of article II of the Convention, all the chemical which, because of its chemical action on life processes can cause death, temporary incapacitation or permanent damage to human beings or animals, getting covered all chemicals of this kind, whatever their origin or method of production which are produced in facilities as ammunition wants; c) ' Precursor ', in accordance with the provisions of paragraph 3 of article II of the Convention, all the chemical reagent to intervene at any stage of the production of a toxic chemical, whatever the method used, getting covered any key component of a binary or multicomponent chemical system; d) «anti-motins» Agent, pursuant to the provisions of paragraph 7 of article II of the Convention, any chemical not included on any of their lists, which could lead quickly in humans sensory irritation or a physical disability that disappears shortly after finished exposure to agent; e) «the», 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 the development, production, Stockpiling and use of chemical weapons and on their destruction; g) ' Installation ' agreement, an agreement between a State party to the Convention and the Organization for a given installation subject to verification, in accordance with articles IV, V and VI of the Convention, which defines the terms and procedures governing the inspections following the initial inspection; h) «initial inspection», is the first in situ inspection of facilities for verification of the declarations submitted pursuant to articles III, IV, V and VI of the Convention; I) ' routine ' Inspection, inspection in situ, after the initial installations, carried out by OPCW to verify compliance with the Convention; j) ' declared ' means any of the industrial establishments 5 set out in the annex on verification of the Convention ("industrial complex", "factory", "unity") in respect of which refers to ANPAQ to the declaration provided for in article VI of the Convention; l) "purposes not prohibited by the Convention ', in accordance with the provisions of paragraph 9 of article II: i) industrial activities, agricultural, research, medical, pharmaceutical or other carried out for peaceful purposes; II) protective purposes, namely those directly related to protection against toxic chemicals and their precursors and to protection against chemical weapons; III) military purposes not connected with the use of chemical weapons and which do not depend on the toxic properties of chemicals and their precursors as a method of warfare; IV) the maintenance of order, including domestic riot control.
Licensing article 4 without prejudice to the Community legislation in force, the Directorate-General of customs and excise duties the licensing of foreign trade of toxic chemicals and their precursors covered by the Convention and are not included in the national list of military goods and technologies subject to licensing and certification.
TITLE II the national authority for the prohibition of chemical weapons article 5 Composition
1-the National Authority for the prohibition of chemical weapons (ANPAQ) is the direct connection with the OPCW and other States parties to ensure compliance with the obligations under the Convention. 2-the ANPAQ is chaired by a senior official of the Ministry of Foreign Affairs and a representative of the ministries that oversee the following areas: 6) national defence; b) finance; c) internal administration; d) economy; e) Science; (f)); and g) Information Service. 3-the rules of operation of ANPAQ is approved by joint decree of Government members mentioned in the preceding paragraph. 4-ANPAQ members provide all the support and cooperation for the achievement of the objectives of the Convention, within the framework of its duties and in the exercise of its powers, in particular the measures of inspection and verification provided for in the Convention. 5-the President of ANPAQ is appointed by order of the Minister of Foreign Affairs. 6-the Ministry of Foreign Affairs, through the Directorate-General of foreign policy, provides support to ANPAQ, providing it also all the means necessary for their operation. 7-When appropriate, on account of the matter, a Ministry can be represented by more than one representative. 8-in addition to the above-mentioned ministerial representatives, can still be a part of the national authority, acting on a proposal to that effect by the same, representatives of other ministries, particularly those who oversee the areas of innovation, agriculture and environment, whose participation is considered necessary for the attainment of the objectives of the Convention. 9-other entities or organs of the Central, Regional or Local Administration, when requested, must provide the necessary support to the achievement of the objectives of ANPAQ.
7 article 6 Competencies 1-the National Center of ANPAQ, while coordination, ensure the fulfilment of the obligations assumed by Portugal in the framework of the Convention and keep an effective connection with the OPCW and other States parties. 2-for the purposes of the preceding paragraph, the ANPAQ, namely: a) Supervise the implementation of the Convention and deal with all matters relating to their application, as well as point solutions to solve; b) Promote all measures of verification and control necessary for compliance with the Convention; c) analyzing the results obtained in inspections and recommend measures that may ensure a better implementation of the Convention; d) Define the composition of the national team of follow-up; and) determine which the most appropriate procedure to authorize the participation of an observer, in the case of a suspected inspection provided for in article IX, paragraph 2, of the Convention, as well as decide in case of doubts arising during an inspection, and more particularly, as to the appropriate response to a request submitted by the inspection team or a refusal by the local representative inspected; f) issue opinions, where requested, for the acceptance of international inspectors, as well as to its refusal; g) contributing to the definition of the principles that will guide the implementation of article X (assistance and protection against chemical weapons) and article XI (economic and technological development) of the Convention; h) Participate in the definition of Portugal in the positions and contribute to the formulation of measures and programmes adopted by this organization; I) draw up and transmit the declarations, notifications and communications provided for in the Convention or considered relevant for compliance with the Convention; j) carry out other obligations under the Convention. l) Require the collaboration of the authorities deemed necessary and with competence, inter alia, in the areas of security and civil protection, to carry out verification and control measures.
8 article 7 technical-scientific Support 1-to ensure full compliance with the obligations imposed by the Convention to ANPAQ receives scientific and technical support for, in particular: (a) the compilation of national declarations) to refer to the basis of the information provided by the entities bound by the provisions of the Convention, and shall verify the advance its veracity, as well as compile, archive and maintain an up-to-date register of the same. b national team) coordination of follow-up; c) monitoring of the inspection teams of the national territory, ensuring that inspections by the OPCW teams are carried out in accordance with the Convention and with the legitimate interests of the Portuguese State; d) to guarantee that the requirements of confidentiality of all data handling in accordance with the Convention and the present law; 2-within 90 days from the entry into force of this law, ANPAQ presents to the representatives of the ministries that make up a proposal on the modalities and estimation of the costs of technical and scientific support necessary.
TITLE III article 8 obligation to Information communication 1-The natural or legal persons carrying out activities referred to in article 2 shall communicate to the ANPAQ the information necessary for the performance of its powers, in accordance with the procedures, terms and within the limits laid down by the Convention. 2-The natural or legal persons which market or dealers in toxic chemicals and their precursors, in pure form or as a mixture, 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 this law.
9 Article 9 1 data protection-The data, information and documentation that are in the possession of authorities and administrative bodies, by virtue of the provisions of this law, are classified nature, having the security level assigned in this matter by the OPCW, as well as by the applicable national law on the protection of personal data. 2-These data can be used and transmitted to the OPCW and to States parties, when necessary for the fulfilment of the obligations under the Convention.
Article 10 confidentiality Duty Any natural or legal person or public or private entity that has confidential information obtained in pursuance of this law, may not communicate it or permit it to be communicated, or allows access to the same, without the prior consent of the entity which obtained, except in compliance with an obligation under the Convention, in accordance with the previous article.
TITLE IV Verification CHAPTER I General provisions article 11 the inspection team and National Team 1-monitoring inspections and investigations carried out by the inspection team in accordance with articles IV, V, VI, IX and X of the Convention are carried out in the presence of elements of the national team, with the powers laid down in article 13 2-the inspection team enjoys the privileges and immunities set out in (a) 10) d) of paragraph 11 of title B), part II of the Verification Annex of the Convention. 3-in the performance of their duties the accompanying national team meets and ensures compliance with the national legislation and the Convention. 4-the national team for monitoring should take into account the legitimate interest of entities subject to verification, in particular within the framework of the measures of protection of premises in order to avoid that they are vulnerable in terms of security or confidentiality of your data, in accordance with the provisions of the Convention. 5-the national team must inform the ANPAQ monitoring all the relevant data for the purposes of this Act that becomes aware during the inspection or investigation.
CHAPTER II implementation of inspection or verification article 12 responsibilities of the OPCW inspection team 1-For the conduct of inspections and checks referred to in articles IV, V, VI, IX and X of the Convention and in accordance with this, the OPCW inspection team has, inter alia, competence to: a) gather information from representatives of the installation shortly upon arrival and before the inspection, the activities it carried out, security measures and administrative and logistical support required for the inspection, in accordance with the conditions specifically determined; b) Obtain the authorization for the use of frequencies that are necessary for the use of communications media, ANPAQ; (c)) Access without restrictions on installation inspection polygon declared by ANPAQ and make its recognition during normal operating hours and hours; d) operate the equipment belonging to the technical secretariat of OPCW, approved in accordance with the Convention and the accompanying national team to provide on-site equipment that does not belong to the OPCW;
11 e) interview any member of the staff of the facility, in the presence of representatives of the national team, requesting only the information and data necessary for the conduct of inspection; f) Inspect the documents, office hours and records as it deems pertinent; g) request that the national team or monitoring installation officials to collect samples in the presence of inspectors and take photographs, or that both are made directly by the inspection team, as agreed previously with those; h) perform the analysis of samples in situ and request assistance to that end, as well as transferring samples to be analyzed in laboratories designated by OPCW; I) ask the representatives of the installation, in cases where it is strictly necessary for the fulfilment of its mandate, to carry out certain operations of operation of the installation; j) Request, through the national team, clarification of the doubts raised during the inspection, ANPAQ; l) Request the extension of inspection periods with the agreement of the national team, with the accompanying ANPAQ. 2-in the case of conduct of inspections is carried out as a result of a complaint from a State party, in accordance with article IX, paragraph 8, of the Convention, the OPCW inspection team can also:) without restrictions to the perimeter of the polygon of inspection, agreed in negotiations between the inspection team and the national team for monitoring and making its recognition even outside normal operation and office hours as well as access to the offices of the owner or holder or of the staff of the facility and make their recognition, in order to prevent imminent dangers to the security and public order; b) ask the follow-up national team collecting factual information about all move out of ground vehicles, air and water from all exit points from the perimeter to be inspected; c) surveillance procedures Apply to the perimeter to be inspected, including identification of outputs of vehicles, maintenance of traffic register books, take pictures, record video films, using sensors, allow selective access 12 random and collect samples, performing all these activities within a track surrounding the outer perimeter, whose width, measured from this, not exceed the 50 meters; d) Control and inspect vehicles leaving the perimeter to inspect other than private passenger vehicles, which cannot be subject to inspection; and) Analyze samples. 3-the exercise of powers laid down in the preceding paragraph shall have the sole purpose of resolving the issues that have given rise to the complaint. 4-in the case of the inspections provided for in paragraph 2, the OPCW inspection team, with the prior consent of ANPAQ, may be accompanied by an observer on behalf of the requesting State party or third State, it enjoys the privileges and immunities provided for in article 15 of title B of part II of the annex on Verification of the Convention. 5-under articles IX and X of the Convention, in investigations arising as a result of alleged use of chemical weapons or of anti-motins agents as a method of war, the inspection team has the following responsibilities: a) Recon the people exposed in order to prove they are signs or symptoms of employment of chemical weapons as well as interrogating these people and witnesses about their possible employment; b) Interview medical personnel and others who have assisted the people affected by the alleged use of chemical weapons or have handled or been in contact with these people; c) Consult the clinical processes, with access to the information strictly necessary to the performance of their duties, on time and with the desired effectiveness. d) Participate in autopsies of the corpses of the victims of alleged use of chemical weapons.
13 Article 13 National Team 1-monitoring For monitoring national team means the set of elements to indicate the ANPAQ, composed of the representatives of the inspection justify ANPAQ, elements of the scientific and technical support of police forces, in particular, to which it is the responsibility of overseeing the activities of the inspection team, since its entry into national territory until his exit. 2-to carry out the follow-up to checks and inspections referred to in articles IV, V, VI, IX and X of the Convention, the national team, in addition to the functions set out in the following articles, has the competence to: a) Inspect, in the presence of the inspection team and on behalf of ANPAQ, the equipment referred to in accordance with paragraphs 27 to 30 , part II, of the Verification Annex of the Convention; b) make sure that the OPCW inspection team is formed by inspectors authorized by ANPAQ; c) check and ensure that the inspection team of the limited their functions to the established in the Convention and the provisions expressly in the inspection mandate; d) ensure that the use of means of telecommunications, the OPCW inspection team uses frequencies that were previously authorized; and) Observe all activities of verification which the inspection team of the conduct; f) apply for and receive copies of the information and data obtained on installation, by the technical secretariat of the OPCW; g) Access without restrictions in the exercise of its monitoring functions, the land and buildings of the installation to be inspected by the inspection team; h) Witness all the interviews that the inspection team to perform at any member of the staff of the installation, ensuring that requests only the information and data necessary for carrying out the inspection; I) authorise the taking of samples or the direct taking of these, as long as there are 14 express request of the inspection team; j) Conserve parts or collapse duplicates of all samples collected by National Monitoring Team, by the installation and inspection of the team; l) be present when you analyze the samples in situ; m) taking pictures when requested by the inspection team; n) Provide the necessary clarifications arising during an inspection among those responsible of installation and the inspection team. 3-In case of divergence between the inspection team and the national team, about the appropriateness or not of questions under the provisions of paragraph (h)) of the preceding paragraph, the National Monitoring Team will prompt the same may be delivered in writing to the subsequent response by ANPAQ, with prior consultation to installation. 4-in cases where prior complaint occurs from another State, resulting in the realization of one of the investigations and inspections referred to in article IX, paragraph 8, of the Convention, in addition to the powers referred to in the preceding paragraph, the National Monitoring Team also has the following competencies: a) observe and carry out the activities of the Inspection team to perform or request According to the provisions of paragraph 2 of article 12; b) Develop without restrictions by the installation inspected, all activities listed in Part X of annex on Verification of the Convention.
Article 14 team composition monitoring 1-National in carrying out the inspections and checks referred to in articles IV, V, VI, IX and X of the Convention, the OPCW is accompanied by a National Team. 2-the composition of each National Monitoring Team is defined by ANPAQ according to the type of inspection or verification to be carried out, and may incorporate, in addition to members of the entity that provides scientific and technical support to ANPAQ, representatives from the Ministry of Foreign Affairs, Ministry of Internal Affairs, Ministry of national defence, Ministry of finance and Public Administration, 15 and in particular representatives of the GNR and PSP. 3-the ANPAQ shall ensure that the functions performed by the elements that make up the national team take precedence over other monitoring activities that are required.
Article 15 Duty of cooperation 1-the entities subject to verification should provide to ANPAQ all information and documents necessary for the fulfilment of the tasks of verification and control legally established. 2-these entities should allow or facilitate access to its facilities and provide the necessary assistance to inspections and investigations taking place in accordance with the established in the preceding articles.
Article 16 cooperation and assistance
The entities subject to verification, always proven necessary in the context of articles IV, V, VI, IX and X of the Convention, should provide the necessary assistance and cooperation to the inspection team and the National Team, in carrying out the checks and investigations provided for in the preceding articles, namely: a) appoint a representative for the inspection, at the request of the Coordinator of the national team for monitoring who will be enabled to provide all the necessary internal instructions for the completion of the inspection and to take on behalf of the entity subject to verification, the relevant decisions in relation to the inspection team and the National Team of monitoring, ensuring compliance with the obligations of assistance and cooperation which arise from this Act. b) Inform the OPCW inspection team on matters respecting the installation, the activities developed there, safety measures and administrative and logistical support relevant to the inspection; c) provide the inspection team of the media materials required within 16 installation, with the support of ANPAQ and ensuring that its use does not collide with the safety of the installation; d) carry out the operations required in the installation for compliance with the inspection mandate; and at the request of the samples) inspection team of OPCW, with the prior authorisation of the national team and watch the taking of samples from those, according to paragraphs 52 and 53, part II, of the Annex to the Convention Verification; f) Photographing objects and buildings on the perimeter of inspection, in the case of related questions remain and these are not resolved during the inspection; g) Compile data on all outbound movements of the installation concerned, in inspections carried out under the provisions of article IX, paragraph 8, of the Convention and in accordance with this law; h) place at the disposal of the inspection team of the documents and the information necessary to ensure that the locations and installation media which has allowed access during the inspection or investigation to be used exclusively for purposes not prohibited by the Convention; I) contribute to the verification of preliminary enquiries to the carrying out of the inspections and the necessary clarifications; j) provide the necessary information and ANPAQ collaborate with the same, to the extent requested, within the framework of the negotiation, conclusion and fulfillment of the installation referred to in the following article.
Article 17 1 installation agreements-to ANPAQ must negotiate with the installation agreements that may be necessary under the terms and for the purposes set out in the Convention, in particular must negotiate agreements for facilities related to chemicals listed in Schedule 1 and 2 paragraphs of the annex to the Convention on toxic chemicals and their precursors. 2-as regards the facilities relating to chemical substances set out in list no. 17 3 of the annex to the Convention on the toxic chemicals and their precursors or defined organic chemicals also covered by the Convention, ANPAQ, according to the installation concerned may ask the working installation agreements. 3-in the process of drafting an agreement, the prior hearing shall ANPAQ legal representatives of the installation inspected.
Article 18 rights and warranties 1-investigations and inspections in accordance with this title shall take place with the prior consent of the legal representatives of the installation, or with the authorization of the competent judicial authority. 2-the inspection team shall take the necessary precautions in order to avoid creating obstacles or unnecessary delays to the operation of the installation, in accordance with paragraphs 38 to 40 of part II of the annex on Verification of the Convention. 3-the national team coordinator of Monitoring can oppose the activities of the inspection team to be overly disturbing or retardant nature of the operation of the installation. 4-if they caused damage to an entity subject to verification by a member of the inspection team, the Portuguese State responds civilly by them, in accordance with the legislation applicable to damage caused by its organs and administrative agents in the performance of their duties and as a result of this exercise.
Title V chapter I Administrative Offences Liability contra-ordenacionais 18 article 19 administrative offences 1-without prejudice to the criminal liability that there is place, makes a against-who: the) Conduct commercial activities provided for in article 2: (i)) Without obtaining authorization or having obtained such authorization through misrepresentation or incomplete, according to the rules in force, or ii) With a third , to perform such operations authorized in accordance with the provisions of the Convention, or iii) using a third party authorised the purchase order of the yield, or the yield for other entities not authorized to receive them, whenever this unlawful purpose is known to the first vendor, the date of the transfer; b) Perform transfers or compromise any State chemicals listed no. 1 annexed to the Convention, which comes from another State; c) download or receive from States not party to the chemical substances listed in Schedule paragraphs 1 and 2 of the annex to the Convention on toxic chemicals and their precursors; d) Transfer to States not party to the chemical substances listed in paragraph 3 of the annex to the Convention on toxic chemicals and their precursors without first have received a "certificate of end use" issued by the competent authority of that State; and) Violate the duty of confidentiality concerning the information referred to in article 10; f) Violate the duty to communicate the data referred to in article 8; g) Provide false statements by reference to article 8; h) refuse or resist the competent authorities access to facilities or its dependencies for the carrying out of the inspections, investigations and controls established in accordance with this law; I) refuse or resist to provide the competent authorities the information that is required for the exercise of the activities of inspection, investigation and control of this law;
19 j) Communicate the information provided for in article 8 outside the time limits set. 2-the attempt and negligence are punishable, being reduced to half the maximum and minimum values of the fines provided for in the following article.
Article 20 Fines 1-The administrative offences provided for in (a)) and b) of paragraph 1 of article 19 are punishable with a fine of € 5,000 up to € 50,000 in the case of a natural person and a fine of € 70,000 to € 150,000 in the case of a legal person. 2-The administrative offences provided for in (c)), d), h) and (i)) of paragraph 1 of article 19 are punishable with a fine of € 15,000 to € 90,000 in the case of a natural person and a fine of € 150,000 to € 300,000 in the case of a legal person. 3-The contravention referred to in points (e)), f) and (g)) of paragraph 1 of article 19 are punishable with a fine of € 100 up to € 50,000 in the case of a natural person and a fine of € 1000 to € 150,000 in the case of a legal person. 4-the administrative offense referred to in paragraph j) of paragraph 1 of article 19 is punishable by a fine of € 5,000 up to € 1,500 in the case of a natural person and a fine of € 2,500 Euro to € 25,000 in the case of a legal person.
Article 21 sanctions 1-The administrative offences provided for in article 19 may still determine when their severity warrants, the application of the following penalties: a) loss of objects belonging to the agent, when served or were destined to serve for a misdemeanour, or for this were produced; b) Ban for a period of up to two years of activity; c) deprivation of rights to allowances or benefits granted by entities or public services, for a period of up to two years; d) closure of the establishment for a period of up to two years; and suspension) of permits, licenses and permits, for a period of up to two years; f) dissolution of the legal person.
20 2-the application of the penalties provided for in paragraph 1 (b)) f) of paragraph 1 are communicated automatically to the entities and Government agencies with roles and responsibilities in the matter.
Article 22 Limitation of 1 procedure-the administrative procedure shall cease by prescription as soon as effect on the practice of the offences referred to in article 19 have elapsed the following deadlines: a) five years in the case of the offences referred to in points (a) to (d))), h) and (i)) of paragraph 1 of article 19; b) three years, in all other cases. 2-prescribing the procedure stops:) With the communication to the party concerned of the initiation of the sanctioning procedure; (b)) for the cost of any diligence; (c)) With any statements that the person concerned has in exercise of the right of hearing. 3-in the case of infringements, the interruption of prescription of the criminal procedure determines the interruption of the limitation period of the procedure for against-ordering.
CHAPTER II alleged infringement procedure article 23 subsidiary Regime Without prejudice to the provisions of this law, the procedure of contravention applies in the General system of administrative offences provided for in Decree-Law No. 433/82 of 27 October, as amended by Decree-Law No. 244/95 of 14 September and law No. 109/2001, of 24 December.
21 Article 24 Contest 1-offences cannot be punished under this law the conduct relating to the same subject, that have already been administratively punished or criminal. 2-the statement of criminal judicial courts suspends the processing work for offences that have been instructed about the same subject and with respect to the same conduct as well as the enforcement of the judgment of conviction. 3-The precautionary measures that have been adopted may continue while there is no express legal authority corresponding pronunciation, in accordance with the preceding paragraph. 4-If the same fact constitute crime and a misdemeanour simultaneously, the agent is always punished for crime, without prejudice to the application of penalties laid down for the alleged infringement.
Article 25 Collaboration as the means of proof to ANPAQ may ask the competent authorities the practice of all acts necessary and urgent to ensure the evidence or engaging in acts that preclude the be undermined the discovery of truth.
Article 26 1-Jurisdiction for education of a misdemeanour proceedings are competent to food security and economic Authority (ASAE) and the Directorate-General of customs and special taxes on consumption (DGAIEC), as the tort be indicted within their respective assignments. 2-For the application of penalties for offenses typified in article 19 the Commission shall have jurisdiction of imposition of fines economic and advertising (CACMEP).
22 article 27 proceeds of fines the proceeds of fines imposed for infringement of the provisions of this Act reverts in 60% to the State, 20% for the principal instructor of against-and 20% to the entity responsible for the implementation 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 of this law the provisions of the Convention prevail.
Article 29 set Standard is revoked the resolution of the Council of Ministers No. 171/97, of 13 October.
Article 30 entry into force this law shall enter into force 90 days after its publication.
Seen and approved by the Council of Ministers of 6 June 2007 the Prime Minister the Minister of Parliamentary Affairs Minister Presidency
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