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PROPOSED LAW NO. 180 /X

Exhibition of Motives

The Programme of the XVII Constitutional Government takes on as strategic objectives of the

its mobility policy the improvement of the efficiency of logistics and transport chains,

by enhancing intermodality and rational use of the various modes, well

as their integration into international transport networks, strengthening the role of

Portugal as a logistics platform in the European and world space.

Logistics platforms play an important role for the realization

of these objectives, given to be the place where the physical integration of the various

modes of transport, generating savings through their articulation.

Aware of the importance of logistics as a factor of competitiveness of the economy

national, the Government has set out and publicly presented, in May 2006, the

strategic guidelines for the area of logistics, substantiated in the Portugal project

Logistics, assuming responsibilities of sector regulation, promotion and

suitability of infrastructure and stimulation for the realization of solutions that target the

maximization of the potentials and benefits of intermodality.

Taking into account, on the one hand, the relevant national interest pursued by a

proper network of logistics platforms, as well as the strategic importance of its

insertion in transport networks, location and number of platforms are defined

by a sectoral plan, drawn up pursuant to the legal regime of the instruments of

territorial management.

It is intended this way to create a National Network of Logistics Platforms (RNPL), whose

urgent delivery depends on the streamlining of procedures, the establishment of

legal guarantees so that in the pre-defined terms can be installed the

logistics platforms, of which the area of each platform will remain affects the activity

logistics and that the managing societies of each platform have as the object of

fundamental business this activity.

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It is in these lines that the legal regime of the RNPL that the Government intends to develop is developed

approve, committing to the Institute of Mobility and Terrestrial Transport (IMTT),

I. P., the tasks required for the implementation of the sectoral plan called Plan

Portugal Logistic.

While also respecting the assignments of local authorities and ensuring, simultaneously,

the uniformity of evaluation and requirement criteria imposed on the managing companies

of the logistics platforms, assigns to the IMTT, I. P., the competence to supervise the

operation of the platforms, when the same is located on public land,

particularly municipal.

Aiming to ensure that private land where the platforms are located are allocated

to such an end, considers the Government to be justified in the public utility of its expropriation

when the respective owner or holder of other rights on the land does not

intends, by you, or through its disposal, to allow the mentioned allocation.

On the other hand, aiming to ensure that the project management of each logistics platform,

when the same are located on private land, it is not devirtued, with frustration

of the public interest that they pursue, is intended to establish still, in addition to the

mentioned powers of expropriation, limiting rules of the alienation of land

included in the area of the platforms.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

Article 1.

Subject

Is the Government authorized to approve a special scheme applicable to expropriation and

divestment of land included in the area of the logistics platforms that integrate the Network

National of Logistics Platforms.

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Article 2.

Sense and extension

The sense and extent of the legislation to be approved by the Government are as follows:

a) Declare the public usefulness of the expropriations of real estate and rights to them

relative necessary to the realization of the National Network of Platforms

Logistics;

b) Assign to the Institute of Mobility and Terrestrial Transport, I. P., and the

other entities, public or private, with an interest in the promotion or

exploitation of logistics platforms, in particular to administrations

ports and other entities in the business sector of the state, the power of

expropriate the real estate and the rights to them concerning that they are or come to

be located in the area of the logistics platforms that integrate the Network

National of Logistics Platforms, in the following cases:

i) When the owner of the land or who detains a right of use

on land does not apply to promote and manage the platform

logistics, or do not assemble the conditions set for the purpose;

ii) When land, albeit of relatively diminished area, is

necessary for, in conjunction with another or others, to integrate the area of a

logistics platform;

iii) In the event of a cessation of the operating contract concluded with the Society

gestures, with a view to ensuring the continuation of the platform's activity

logistics.

c) Establish rules as to the disposal of land ownership integrated into the

area of the logistics platforms of the National Network of Logistics Platforms,

predicting that in the contract to be concluded with the managing societies is

compulsorily fixed

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i) The maximum area of land included in the area of the logistics platform whose

property may not be disposed of, which may not be less than 60% of the

area of the logistics platform;

ii) Land which, on the grounds of its allocation to specific functional areas of the

logistics platform, are included in the expected inalienable quota in the

previous sub-paragraph;

iii) The maximum period during which the limits to the disposal of land are vigorous

referred to in the previous subparagraphs, which may never be less than 10 years.

d) To establish the nullity of contracts for divesting land ownership

integrated in the area of logistics platforms celebrated in violation of the limits

set in the terms of the preceding paragraph;

e) Assign the right to preference to the managing society of the logistics platform in the

sale of land included in the area of the same platform.

Article 3.

Duration

The present legislative authorization has the duration of 90 days.

Seen and approved in Council of Ministers of December 27, 2007

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

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The Programme of the XVII Constitutional Government takes on as strategic objectives of the

its mobility policy the improvement of the efficiency of logistics and transport chains,

by enhancing intermodality and rational use of the various modes, well

as the integration in international transport networks, reaffirming the role of

Portugal as a logistics platform in the European and world space.

Logistics platforms play an important role for the realization of the

objectives set out, for in them the physical integration of the various modes of

transportation, generating savings through their articulation.

Aware of the importance of logistics as a factor of competitiveness of the economy

national, the Government has set out and publicly presented, in May 2006, the

strategic guidelines for the area of logistics, substantiated in the Portugal project

Logistics, thus taking on the responsibilities of sector regulation, promotion and

suitability of infrastructure and stimulation for the realization of solutions that target the

maximization of the potentials and benefits of multimodality.

Taking into account, on the one hand, the relevant national interest pursued by a

proper network of logistics platforms, as well as the strategic importance of its

insertion in transport networks, location and number of platforms are defined

by a sectoral plan, drawn up pursuant to the legal regime of the instruments of

territorial management.

It is intended this way to create a National Network of Logistics Platforms (RNPL),

whose legal regime is approved by the present decree-law, with the inherent gains of

predictability and legal certainty essential to the trust of citizens in general and of the

prosecutors in particular.

In the mentioned strategic guidelines set out by the Government includes a challenge

to economic operators who have an interest in promoting installation and management

of the logistics platforms, assuming the principle that their management should be

contractures, so as to ensure that the logistics platforms pursue their

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functions with effectivity and continuity, so the corresponding is required

demonstration of financial and technical capacity, which is subject to evaluation.

In this way, the holder of the land on which the platform will be located is admittided

logistics if you can apply for your installation and management by providing for a procedure

concursal intended to choose the promoter in the event that the platform is located at

public land, which does not mean the exclusion of the hypothesis of, in the latter case,

be public entities to promote the installation and management of logistics platforms.

Being fundamental and urgent the implementation of the Portugal Logistic Plan, assumes

special importance to commit to the Institute of Mobility and Terrestrial Transport

(IMTT), I. P., the dynamisation of this plan, giving it assignments, inter alia,

to trigger the selection procedures of the managing societies.

It is in this context that it is justified, too, the allocation of powers of expropriation, of

coordinate the procedures for the selection and evaluation of the projects of the promoters and of

overseeing the exploration of each logistics platform.

On the other hand, aiming to ensure that the project management of each logistics platform,

is not devirtued when these are located on private land, establish themselves, to

in addition to the mentioned powers of expropriation, limiting rules to the alienation of

land included in the area of logistics platforms.

It is further sought that the procedure for selection of the gestures society is phased,

with a view to allowing the promoters not to be required to apply for all the

licensing or authorizations at a single point of time.

In the light of the same principle of economics of means, it sets out still in the present

decree-law that, in advance of the conclusion of the operating contract, the IMTT, I. P., or the

territorially competent municipal chamber, can promote the consultation of the

entities that at a later stage are called upon to exercise their competences, in the

scope of the development of the activity of each logistics platform, so as to

ensure that such entities, at departure, consider the implementation of the project to be feasible

each platform.

The reasons of public interest presiding over the scheme approved by this Decree-

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law further provide for the possibility of reduction of deadlines in some procedures of

evaluation as well as, in cases where there is no associated public investment

to the project, exemption from the procedures provided for in the legal regime of partnerships

public-private.

Thus:

In the use of the legislative authorization granted by the article ... of the Law No. .../..., de .... of ...,

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

next:

CHAPTER I

General provisions

Article 1.

Subject

1-The present decree-law establishes the legal regime of the National Network of Platforms

Logistics.

2-Excludes from the scope of the present decree-law the air cargo centres.

Article 2.

Definitions

For the purposes of this decree-law, it is understood to be:

a) " Activities related to supply chains, transport and distribution ", the

set of actions for planning, operation and control of the flow of

goods, including the management of information flows, before and after the

production, covering transportation, storage and distribution;

b) " Area of the logistics platform ", the area subject to a special operating regime in the

terms of the present decree-lei;

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c) " Contract of exploitation ", contract that assigns the right and duty to promote and

explore a logistics platform;

d) " Logistics Single Window ", the info-technological platform of logistics management, which

provides the necessary structure to the formalisation, organisation and preparation of the

information flows between the actors of the logistics community, such as the

carriers in any way, and the operators of logistics platforms;

e) " Logistics of processing ", the logistical activity combined with activities

low-intensity produits, preceding the distribution chain, compatible,

in functional and environmental terms, with the remaining logistical activities

carried out on the platform;

f) " Logistics platform " (PL), logistics zone consisting of a delimited enclosure,

where operators and companies that carry out activities are installed

related to supply chains, transport and distribution, availing

of common maintenance and support services for companies, persons and vehicles,

including low-intensity productive activities;

g) " National Network of Logistics Platforms " (RNPL), the articulated set of

logistics platforms, whose location and operation guarantees optimization

of the logistics and transport chains, contributing to positioning Portugal

as an Atlantic platform of entry and exit from international movements of

goods in the Iberian market;

h) " Society gestures ", the commercial society of private, public or mixed capitals

with the object of installing and managing the logistics platform, and responsible for the

compliance with the operating contract.

Article 3.

National Network of Logistics Platforms

1-A National Network of Logistics Platforms is defined through a sector plan,

designated Plan Portugal Logistics, drawn up and approved under the terms of the scheme

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legal of the instruments of territorial management, which defines the number, location and the

activities that are prevalent of each of the logistics platforms that integrate it.

2-Logistics platforms can be located on public or private land.

Article 4.

Free and competitive access

The RNPL's integral logistic platforms are free and competitive access to the

operators and companies, by filling in the requirements set out in the

respective internal regulation.

Article 5.

Exemption

The provisions of the Decree-Law No. 86/2003 of April 26 shall not apply, as amended by the

Decree-Law No 141/2006 of July 27 to the conclusion of the operating contract

concerning the logistics platforms located on private land, whose

procedure has been initiated by the entity with legitimacy to constitute the

society gestures, and for which they are not provided for charges or

public investments.

Article 6.

Assignments of the Institute of Mobility and Land Transport

1-Within the framework of RNPL lies with the Institute of Mobility and Transport

Terrestrial (IMTT), I. P.:

a) Supervise and manage the system of RNPL;

b) Periodically reassess the Portugal Logistic Plan, taking into account developments

of the demand for platforms and logistical spaces and the performance of RNPL;

c) Spreading mechanisms of integration of RNPL, specifically the Single Window

Logistics and ensure its functioning;

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d) Articulating the development of RNPL with policies of the European Union;

e) Streamlining the development of logistical skills, specifically,

through plans for training and the implementation of studies on the sector;

f) Coordinate the processes of licensing, prior communication and authorization

of use of the logistics platforms and the companies that are supposed to

install, taking over as the sole interlocutor of those concerned and the entities

competent;

g) Exercise the remaining powers provided for in this decree-law.

2-Compete, in particular, to the IMTT, I. P., the selection of the platform managing society

logistics and the negotiation and conclusion of the operating contract, as well as the

supervision of the managing companies of each logistics platform, in the terms provided for

in the present decree-law.

3-The IMTT, I. P., fixed, through deliberation of the governing board, the fees to be charged

by the services provided to the managing companies within the framework of the a) of paragraph 1 and of the

previous number.

Article 7.

Expropriations

1-Are deemed to be of public utility the expropriations of real estate and rights to them

relative necessary to the realization of the National Network of Logistics Platforms.

2-Under the provisions of the Code of Expropriations, the IMTT, I. P., and others

public, public or private entities, with an interest in the promotion or exploitation

of logistics platforms, in particular to port administrations and to other

entities of the state business sector, can expropriate real estate and rights

to them concerning that they are or come to be located in the area of the platforms

logistics that integrate the National Network of Logistics Platforms, in the following

cases:

a) When the owner of the land or who holds a right of use on the

land not candidate to promote and to manage the logistics platform, or not

assemble the conditions set for the purpose;

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b) When land, albeit of relatively diminished area, is required

to, in conjunction with another or others, integrate the area of a platform

logistics;

c) In the event of a cessation of the operating contract concluded with the Society

gestures, in the terms provided for in this decree-law, so as to guarantee the

continuation of the activity of the logistics platform.

Article 8.

Urban planning operations

The urbanistic operations to be carried out on the logistics platforms follow the envisaged scheme

in the legal regime of urbanization and edification.

Article 9.

Assessment of environmental impact

1-A The final decision of the environmental impact assessment procedure of each of the

logistics platforms ponder the results of the strategic environmental assessment of the

Plan Portugal Logistics, as provided for in Article 13 (4) of the Decree-Law

n. 232/2007, of June 15.

2-The environmental impact study is remitted by the entity coordinating the

selection procedure of the managing company, or by the concerned entity, à

environmental impact assessment authority.

3-The constant regime of Article 19 (4) of the Decree-Law No. 69/2000 of May 3,

is applicable to the logistics platforms of RNPL, with due adaptations.

CHAPTER II

Procedure

Article 10.

Proceduran initiative

1-A The installation and management of each logistics platform are carried out by a society

gestures upon contract of exploitation.

2-The procedure tendant to the conclusion of the platform operation contract

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logistics located on private land can be initiated by the IMTT, I. P., or by

who possessions legitimacy to constitute the gestory society, upon application

presenting to the IMTT, I. P.

3-The application submitted by the person concerned shall be instructed with the following

elements:

a) Document proving the legitimacy to constitute a gestures society

of PL, as set out in Article 13 (2) and (3), and may be

presented contract promise from which to result in the acquisition of the

legitimacy to install the PL;

b) Descriptive memory and justification, explanatory to the pretension, including a

description of the proposed functional areas, specifically of the areas of activities

logistics, the areas allocated to the intermodal terminal and the common support services, and

of other activities that are intended to come to be installed on the platform

logistics, demonstrating their suitability for the Portugal Logistic Plan;

c) Study of environmental impact, when legally required;

d) Localization plant with the demarcation of the area where you intend to install the

logistics platform at scale 1:25000 or higher, and the type of configuration

(" layout ") of the functional areas proposed at scale 1:500 or higher;

e) Study of economic and financial viability and the main benefits of the

project;

f) Traffic and circulation study in the surrounding area of the logistics platform;

g) Timing of the various stages of realization of the project, specifically the date

intended for the completion of the infrastructure relating to each phase and for the entry

in operation of the logistics platform;

h) Plan for exploration and marketing;

i) The area of land included in the logistics platform, and respective typology in

function of its functional allocation, the property of which the society gestures if

undertakes not to divest, pursuant to the present decree-lei;

j) Identification of the services to be provided by the managing company;

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l) Project of internal regulation of operation of the PL, enunciating the

subjects that will be the subject of regulation;

m) Draft statutes of the managing company;

n) Documents and other appropriate elements to be shown that the applicant brings together

all the conditions necessary for the deferrous of the application for the constitution of the

PL, or part of it, as a customs warehouse, in the terms provided for in the

Community Customs Code, approved by Regulation (EEC) No 2913/92,

of the Council of October 12 in the Provisions of Application of the Code

Community Customs, approved by Regulation (EEC) No 2454/93, of the

Commission, of July 2, and too much regulation applicable;

o) Declaration by which the applicant obliges himself to apply to the competent entities

the constitution of the PL, or part of it, as a customs warehouse and to comply

all the trames required by these for the deferrals of the application, as well as

for the maintenance of the conditions required during the term of the contract of

exploitation of the PL.

4-The applicant shall demonstrate having financial and technical capacity for the

implementation of the project, in the terms set out in this Decree-Law.

5-In the case of procedure initiated by the IMTT, I. P., this invites the owner to,

by itself or through entity with legitimacy to constitute the gestory society,

show your interest in the celebration of the exploration contract, setting a deadline

for the purpose and for the delivery of the elements referred to in paragraph 3.

Article 11.

Evaluation of applications

1-In the process of selecting the gestures society, whether it is a logistic platform to

install on public land, whether of logistics platform to be installed on land

private, the applications submitted are evaluated, and, where appropriate,

hierarchized, according to the following parameters:

a) Quality of the project, specifically, its suitability for the objectives of the Plan

Portugal Logistics, the ratios of green areas, commercial spaces and services

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common;

b) Quality of acessibilities and workable multimodality;

c) Rhythm and timeframe provided for the construction and commissioning of the

logistics platform;

d) Degree of economic and financial viability;

e) Degree of risk taken by the managing company;

f) Volume of investment, benefits and subsidies requested from the State and the

other public entities;

g) Pre-defined commitments for the installation of reference companies;

h) Soundness of the financial, corporate and contractual structure of society.

2-They are, specifically, causes of exclusion of applications:

a) The inobservance of the characteristics of a logistics platform and its inclusion

in RNPL, pursuant to the Portugal Logistic Plan;

b) The insufficient financial and technical capacity of the promoter for the realization

of the project;

c) The lack of presentation of the elements referred to in points n) and o) of paragraph 3 of the

previous article, as well as the absence of the necessary conditions for the

dewound of the PL's constitution request, or part of it, as an entrepost

customs;

d) The allocation of a minimum total score, in the context of the assessment referred to in the

previous number, lower than previously fixed.

3-Appear in regulation to be approved by the IMTT, I. P., whose advertising is mandatory:

a) The relative weightings of the evaluation parameters referred to in paragraph 1 and the

definition of the elements that integrate them;

b) The definition of the elements that integrate the assessment of financial capacity and

promoter technique and respective weighting;

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c) The fixation of the minimum total score provided for in the d) of paragraph 2.

Article 12.

Logistics platforms to be installed on public land

1-In case the logistics platform to be installed is located on public land, it competes in

IMTT , I. P., or other public entities with an interest in the promotion or exploitation

of logistics platforms, promote and conduct the selection procedure of the

society gestures, including in particular the adoption of the planned representations in the

article 14, as well as negotiating and entering into the contract of exploitation and scrutinizing the

society gestures and the operation of the logistics platform.

2-Compete to IMTT, I. P., or to other public entities with an interest in promotion

or exploitation of logistic platforms upon binding opinion of the IMTT, I. P.:

a) Approve the regulations referred to in paragraph 3 of the previous article, including the

terms of the concursal procedure;

b) Choosing the gestory society;

c) Approve the minuta of the exploration contract.

3-The provisions of this Article shall be without prejudice to the faculty of the public legal person

holder of the land, or to whom the same are affected, promote and manage the

logistics platform, directly or indirectly, through gestures society

selected in the terms of the previous figures.

4-Without prejudice to the provisions of this Article, it shall be incumbent upon the IMTT, I. P., to supervise the

operation of all the logistics platforms installed on land of the domain

public, in such a way as to ensure the consistent functioning of RNPL.

5-A allocation of public land for the installation of the logistics platform is carried out

in the terms of the law.

Article 13.

Selection of the gestures society

1-A gestures society is chosen by concursal procedure, when the

logistics platform to be installed if located, total or majority-owned, on land

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public.

2-In the event that the logistics platform to be installed is located on private land, the

society gestures should be majority-owned by the owner of the land in

cause, or by whom it is a holder of a right to use land by term of time not

lower than that of the proposed exploration contract, and as long as it meets the rest

requirements set out in this decree-law.

3-In the case that the PL area is mostly situated on private land, the

procedure planned for the PL located on private land, and the

private associate with the holding public entity of the remaining ground, or to whom the

even be affection, to constitute the managing society, or may the public entity

to grant the private the right to use its ground.

Article 14.

Opinions

1-In the case of the intention to install some logistics activity of

transformation in the logistics platform, the IMTT, I. P., or city hall when the

installation is accompanied by urbanistic operation, request advice to the entity

competent for the industrial licensing of the activity in question.

2-The provisions of the preceding paragraph shall apply, with due adaptations, to all the

cases in which they are intending to come to be installed on the logistics platform activities

subject to a special licensing regime.

3-The IMTT, I. P., or municipal chamber shall, as yet, consult with other entities that

have jurisdiction over the area, as well as those that are competent to appreciate the

appropriate integration of the project into the transport infrastructure networks, and

those whose intervention is provided for in applicable specific legislation.

4-Consulted entities shall issue the respective opinion within the maximum period of 30

days.

5-Whenever there are divergent opinions issued by the various entities

actors in the preliminary assessment of the project, it is up to the IMTT, I. P., or the chamber

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municipal promoting the necessary actions with a view to the concertation of the positions

assumed.

6-With a view to the concertation of divergent positions, a conference can be held

of services with all the representative entities of the interests to be considered, the minutes of which

must contain a final opinion on the analysed project.

Article 15.

Decision of the procedure

1-Received the opinions referred to in the previous article, and in the case of all of them being

favorable, the IMTT, I. P., proceeds to the choice of application and notifies the interested

to constitute the managing society and to conclude the exploration contract.

2-IMTT, I. P., shall, before utting the final decision, proceed to the written hearing of the

candidates.

3-Received notification of the final draft decision, the candidates have five days to

be pronounced.

Article 16.

Licensing

1-The applicant, after being notified of the selection of his / her application, shall

submit the application for licensing or prior communication of the operation of

loosening to the territorially competent municipal chamber, notifying the IMTT,

I. P., of the said application or communication.

2-The remaining licenses and authorizations that are required for the start of

operation of the PL are required by the managing company to the entities

competent, and the respective requirements shall be submitted to the IMTT,

I. P., which coordinates the respective procedures and functions as an interlocutor

unique of those entities and those interested.

Article 17.

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Society gestures

1-A The managing company to constitute is for the purpose of the installation and management of the platform

logistics.

2-A participation of the managing company in the social capital of companies that settle or

providing services in the area of the logistics platform depends on prior authorization from the

IMTT, I. P.

CHAPTER III

Contractual arrangements

Article 18.

Contract of exploitation

1-The exploration contract confers on the society managing the right and the duty to promote

and explore the logistics platform pursuant to this decree-law and in the terms

contractually established.

2-The operating contract shall regulate, inter alia:

a) The objectives to be met by the managing company in the construction and operation of the PL

and the levels of service to be complied with by this;

b) The term of the contract;

c) The rights and countermatches arising from the use of the occupied land, should the

terrain be public;

d) The various stages of realization of the project, specifically the target date for the

completion of the infrastructure relating to each phase and to the entry into

operation of the PL;

e) The terms of the accession to the Single Logistics window;

f) Terms of the construction and financing of the infrastructure external to the PL and

necessary for their operation, indicating in particular the entities

responsible and the deadlines for completion;

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g) The conditions under which the logistics platform can start its business;

h) The terms and conditions of approval of the tariff regulation and the regulation

internal;

i) The time frame during which it is subject to permission from the IMTT, I. P. any

direct or indirect change in the shareholder composition of the managing company;

j) The remaining acts of the managing company subject to the authorization or approval of the

IMTT, I. P.;

l) The penalties for contractual default;

m) The guarantee of good performance to be provided by the managing company, if required;

n) The process of settlement of disputes, specifically the possibility and the

terms of recourse to arbitration.

3-From the operating contract are listed the documents giving to the managing company

the powers necessary for the purposes of this decree-law in what concerne the

land of the PL other than that of your property.

Article 19.

Disposal of land

1-In the operating contract it is compulsorily established:

a) The maximum area of land included in the area of the logistics platform whose

property cannot be disposed of, which may not be less than 60% of the area

of the PL;

b) Land which, on the grounds of its allocation to functional areas of the platform

logistics, are included in the share of inalienability provided for in the preceding paragraph;

c) The maximum term, to be the date of your celebration, during which you apply for the

limits to the disposal of land referred to in the previous paragraphs, which it cannot

be more than 10 years.

2-Are void the contracts for divesting the property of land concluded in

violation of the limits set out in the terms of this Article.

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3-A gestures society has a right of preference in the sale of land included in the area

of the logistics platform.

Article 20.

Deadline

The operating contract is concluded by the maximum term of 30 years, renewable by

periods not exceeding ten years, pursuant to the terms set out in the contract.

Article 21.

Powers and duties of the gestures society

1-Compete to the gestory society:

a) Build and maintain the infrastructures in the PL area and ensure your regular

functioning;

b) Collect fees for the services provided;

c) Approve the internal regulation, in which it establishes the rules applicable to its

organization and operation, specifically those relating to the installation of the

interested, their relationship with the managing society and the sanctions that this

may apply;

d) Authorize the installation of undertakings and conclude the respective contracts;

e) Manage and supervise the operation of the PL;

f) Scrutinise the fulfillment of the obligations assumed by the companies installed and

apply contractual fines.

2-A gestures society has still the following duties:

a) To ensure the construction of the PL in accordance with the agreed project and conditions;

b) Allow the installation in the PL only to companies that exercise activities

related to supply chains, transport and distribution, of

provision of maintenance services, and support for companies, persons and vehicles,

and processing logistics;

c) Ensure a competition regime in the access to the logistics platform, not

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may discriminate against the companies that are in it if they wish to install;

d) Keep in operation the services and services of support for services and

vehicles on the terms provided for in the operating contract;

e) Ensure the maintenance of the conditions determinant of the order dewound

of constitution of the logistics platform, or part of it, as an entrepost

customs, in case of deferris of the application, as well as the rest that

subsequently come to be demanded, under the applicable law;

f) To provide the IMTT, I. P., and the supervising and research entities the entry

in their premises, as well as providing them with the information and supports that by

those entities are, grounded, solicited.

Article 22.

Assignment of the contractual position and subcontracting

1-A The assignment of the contractual position of the managing company shall be subject to the authorization of the

IMTT, I. P., or of the public entity that celebrates the operating contract, under penalty of

nullity.

2-A subcontracting of the management of the logistics platform, or part of it, is subject to

authorization from the IMTT, I. P., or the public entity that celebrates the contract of

exploitation, under penalty of nullity.

3-A The assignment of the contractual position or subcontracting without authorization constitutes

foundation of termination of the contract.

Article 23.

Causes of extinction of the operating contract

1-The operating contract extinguishes itself by the course of the period, by mutual agreement or

by decision of the public entity which celebrates the said contract in the event of

non-compliance with serious and repeated by the managing company of the duties to which it is

thank you, or on grounds of duly reasoned public interest, case in

that the compensation is determined under the law and the contract.

2-A The termination of the contract is preceded by the hearing of the managing company and, when

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applicable, by the granting of a time limit for which to comply with the default and to be

repaired the respective consequences.

CHAPTER IV

Logistics platforms

Article 24.

Installation of companies

1-A installation of companies on the logistics platform concretizes itself upon contract of

acquisition of the property, acquisition of right of surface or leasing,

of a plot of the land, or of a building or respective fraction, as per

set out in the internal regulation of the PL concerned.

2-In the logistics platforms installed on public land, the installation of companies

in the logistics platform can also be realized, if it is the case, through the

allocation of a right of use of the good by the competent public entity,

competing for the managing society to coordinate the respective process.

3-A conclusion of the contract and the allocation of the right of use referred to in the figures

previous grants to the person concerned the right to settle on the logistics platform for

engage in the activity to which you apply and obliges you to comply with the regulation

internal of the logistics platform and too much determinations of the society gestures on the

health of the same.

4-Companies and activities to be installed are subject to the licensing and permits

that are applicable under the law, and the respective requirements shall be

presented to IMTT, I. P., which coordinates the procedures in question and works

as a single interlocutor of those concerned and the competent entities.

5-Industrial establishments to be installed on the logistics platform do not require

location authorization.

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Article 25.

Entry into force

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

Seen and approved in Council of Ministers of

The Prime Minister

The Minister of State and Finance

The Minister of Justice

The Minister of the Environment, Territory Planning and Regional Development

The Minister of Economy and Innovation

The Minister of Public Works, Transport and Communications