Authorizes The Government To Review The Legal Framework Of Installation And Modification Of Retail Businesses And Commercial Sets In Terms Of Fees And To Adapt The General System Of Administrative Offences Offences Arising From The Violation Of

Original Language Title: Autoriza o Governo a rever o regime jurídico de instalação e de modificação dos estabelecimentos de comércio a retalho e dos conjuntos comerciais em matéria de taxas e a adaptar o regime geral das contra-ordenações às infracções decorrentes da violação da

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624445354d6931594c6d527659773d3d&fich=ppl192-X.doc&Inline=false

1 PROPOSAL of law No. 192/X explanatory statement the current legal regime of installation and modification of retail businesses and wholesale trade in service and installation of commercial collections in the law No. 12/2004 of 30 March, which provides, in your article 37, to be revised within three years after your entry into force. Given the scale of the changes to be made, or within the material law, both in terms of the authorisation procedures, it is necessary to repeal of law No. 12/2004, of 30 March. Among the substances it is necessary to amend the governing system of fixing rates and to setting the amount of fines, higher than that provided for in the general scheme of the contravention. While these areas integrated into the reservation in respect of legislative competence of the Assembly of the Republic, by the presentation of a proposal for legislative authorization Act. The amount of fees shall take into account the complexity of analysis of processes and the specificity of the economic operators subject to this regime. The product of the rates reverses a Modernization Fund, created by Decree-Law No. 178/2004, of 27 July, as amended by Decree-Law No. 143/2005 of 26 August, which supports the modernisation of SMEs in the sector, with the aim of mitigating the effects of the installation of the commercial units covered by this legislation, as well as a commercial entrepreneurs support fund referred to in the Joint Decree No. 324/2002 , March 8, published in Diário da República, second series, no. 94, of 22 April 2002, without prejudice to the appropriations provided for in the same order set. Also with regard to fines, provision should be made for amounts proportional to the nature of the offending agents and the benefit resulting from committing infringements.

2 like this: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law: Article 1 subject-matter is granted the Government permission to establish the system of fees for the authorisation of installation and modification processes of establishments and commercial collections and adapt the General system of administrative offences offences arising from the breach of the rules laid down for those business units.

Article 2 the present legislative authorization is granted to allow the fixing of rates of requests for authorization and of fines, the amount of which is proportional to the size of the economic capacity of the offenders, processes and benefits arising from the practice of infringement.

Article 3 extension Ordinance to be approved under the authorisation conferred by this law shall provide that: a) documents concerning the authorization of installation and modification processes of establishments and commercial sets, including extensions, are subject to the payment of fees, in the following terms: i) the rate of clearance of applications for installation or modification of retail businesses is € 30 per square metre of sales area authorized;

3 ii) in the case of establishments integrated into commercial sets, the amount of the fee referred to in (a) is reduced to half; III) the rate of installation or permit modification of commercial collections is € 20 per square metre of gross leasable area, with a maximum limit of € 1 000 000; IV) fees for the procedures of modification of retail businesses arising from concentrations of companies subject to prior notification, in accordance with national or Community legislation on competition, suffer a reduction of two-thirds for the values referred to in paragraph 1(a); v) fees for authorizations for extension installation or modification of establishments or commercial sets are € 300 to € 1 500 establishments and to the commercial sets. b) establish as breaches of € 5,000 to € 25 000, when committed by a natural person, and of € 100 000 to € 500 000, when committed by a legal person, the installation or modification of an establishment or business set without the legally required permission and the obligations which motivated the decision of authorization issued by the competent administrative authority; c) establish as a misdemeanour punishable by up to € 12 500, when committed by an individual, and up to € 150 000, when committed by a legal person, the lack of timely reporting to the Coordinator of any changes after the issuance of the authorization and prior to the entry into operation of the establishment or commercial set, might alter the conditions of the authorization decision.

Article 4 Duration the legislative authorization granted by this law lasts for 180 days.

4 Seen and approved by the Council of Ministers of 20 March 2008 the Prime Minister, the Minister of Parliamentary Affairs Minister Presidency


5 law No. 12/2004, of 30 March, which establishes the authorisation scheme governing the installation and modification of retail businesses and wholesale trade in service and installation of commercial collections provides in your article 37, to be revised within three years after your entry into force following the presentation by the Government, the Assembly of the Republic, of an evaluation report of your application. The experience gained with the application of the Act showed several misfits want regarding your structure either in your implementation. With this decree-law is intended to comply with the principles of the SIMPLEX Programme, promoting a simplification of procedures too complex and constraints and slow generators in the processes, as well as a shortening of deadlines for decision, decreasing this way, context costs for companies. On the other hand, regulates the deployment of business trade structures, in order to ensure your space insertion, according to criteria that promote an adequate planning, safeguard the protection of the environment, building on the existing urban areas and contribute to the multiplicity of the commercial offer and the diverse supply of the populations. The aim is thus to contribute to the competitiveness of the urban system, streamlining the existing urban centres, favoring the urban sociability and improvement of supply and the quality of life of the populations. In the assessment of new establishments and commercial sets is given a special importance to the positive contribution of such projects to promote improvement of the environment, fulfilling requirements of eco-efficiency, the development of employment and qualification of CSR promoters of projects under consideration. In particular, and with regard to the regime enshrined in law No. 12/2004, of March 30, the decree-law now approved reduces the universe of trade institutions, alone or in group, subject to the authorization regime, by lifting the limits of the areas of sale in the case of the retail trade and of gross leasable area in the case of commercial sets.

6 Delete the authorisation scheme wholesale companies and micro enterprises and subject to the authorization regime changes in commercial collections. Enforces information retrieval of favourable location and the environmental impact statement, in cases covered by the legal system of environmental impact assessment, prior to the authorization process, eliminating the procedure considered unviable projects regarding the location and the environmental impact assessment, thus avoiding analyses, opinions and decision-making processes. Change the criteria for authorisation of installation and modification in order to adapt them to the Community requirements with regard to competition and freedom of establishment. Abandons the system of application stages, costly investment and promoters, adopting a system of process input. Overrides the decision, the three existing decision-making bodies – Regional Directorate of economy, Regional Committees and Municipal Commissions – by a single entity-the Evaluation Committee (COMAC), which decides the NUT III, applications for authorisation, with a monthly periodicity. Were heard the Government organs of the autonomous regions, the National Association of Portuguese municipalities, the Confederation of trade and services of Portugal, the Portuguese Association of distribution Companies, the Portuguese Association of shopping centers, the Business Association of Portugal and the Portuguese Industrial Association. She was promoted to consulting the National Council of consumption.

So: the use of legislative authorization granted by law No. _____/_____, pursuant to points (a)) and b) of paragraph 1 of article 198 of the Constitution, the Government decrees the following: 7 CHAPTER I General provisions Article 1 subject-matter this Decree-Law establishes the legal regime of the installation and the modification of retail businesses and commercial sets. Article 2 Scope 1-Are covered by this decree-law, the following establishments and commercial collections: a) retail businesses alone considered or entered in commercial collections, you have a sales area greater than or equal to 2000 m2; b) retail businesses, individually considered or entered in commercial collections, regardless of their area of sale, belonging to a company using one or more tokens or are integrated into a group, holding, at national level, of a cumulative sales equal to or greater than 30000 m2; (c)) have a commercial gross leasable area greater than or equal to 8000 m2; d) establishments and commercial collections referred to in (a)) and (b)) and that are disabled for more than 12 months, if the respective holders wish to restart your operation. 2-the provisions of this Ordinance shall not apply: a) To retail businesses belonging to micro companies legally distinct but using a common insignia; b) to establishments belonging to companies whose capital is subscribed mainly by micro enterprises;

8 c) The specialized retail trade of arms and ammunition, fuel for motor vehicles and at pharmacies.


Article 3-1 scheme is subject to the authorisation of establishments and commercial sets installation referred to in paragraph 1 of article 2 2-Are also subject to the authorisation of establishments and commercial sets modification referred to in paragraph 1 of article 2 that set up: the location of establishments) with the exception of those referred to in (a) above) the following number; (b)) change in the typology of establishments; c) increased sales of establishments; d) insignia or change of holder of exploitation of establishments, that does not occur within the same group; and location of sets); f) change in the typology of commercial collections; g) increase in gross leasable area of commercial sets. 3-are subject to modifications of the communication and commercial sets referred to in paragraph 1 of article 2 that set up: the location change) commercial establishments within commercial sets, which do not translate into increased sales areas; b) decreased sales of commercial establishments; c) insignia or change holder of exploitation of establishments, within the same group; d) decrease in the gross leasable area of; and changing the holder of exploitation) of commercial sets. 4-the changes referred to in paragraph 1 shall be communicated to the entity 9 Coordinator referred to in article 6, by the proprietor of the undertaking, until 20 days before your completion. 5-communication is made electronically through model available in the information system provided for in article 7 article 4 Definitions for the purposes of this Decree-Law: (a)) accumulated sales Area» «, comprises the sum of the sales area in operation, from the sales area authorized under the law No. 12/2004, of March 30, but not yet in operation and the sales area authorized under the legal framework of the urbanization and edification. b) ' gross lettable area (GLA) of commercial suite», the area that produces income in the commercial set whether an area leased or sold and includes storage and office spaces allocated to all establishments. c) ' area of influence ', the parish or group of parishes that integrate within the geographical area defined in terms of a maximum travel time of the consumer to the establishment or commercial set in question, calculated from this, which may vary in particular according to their size and type of Commerce, leisure facilities and services that may be associates , your insertion in urban or rural, the quality of infrastructures that serve you. d) «establishment» sales Area, the entire area for sale, where buyers have access or the products are exposed or are ready for immediate delivery, including the area occupied by the output boxes and the movement of consumers to the establishment, in particular the internal stairs linking the various floors. ' urban ' Centre), the consolidated urban core as provided in planning instruments in force or not there set, 10 urban area where the respective City Council consider exist greater confluence of public transport, higher density commercial and largest number of urban functions. f) ' commercial ', Set the venture planned and integrated, composed of one or more buildings in which it is installed a diverse set of retail businesses and/or services, whether or not owned or operated by the same entity, which satisfy cumulatively the following criteria: (i)) has a set of features designed to allow the same clientele access to various establishments; II) is subject to common management, responsible in particular for providing collective services, the institution of common practices and communication policy and animation of the enterprise; Adopting one of the following types: iii) traditional Mall-undifferentiated or specialized establishments comprises integrated into enterprise closed or ' the open '; IV) specialized shopping centre – includes, in particular, the so-called retail park, the outlet centre or the themed. Include either specialized, often larger, with direct access to the parking lot or the pedestrian areas, both establishments, small and medium-sized ones, where producers and retailers sell their products at a discounted price from surpluses, as well as articles with minor defects, or other developed around a specific category of specialised trade. g) ' undertaking ' means any entity covered by paragraph 1 of article 2 of law No. 18/2003, of 11 June; h) ' establishment of retail trade», the site carries out the function of the retail trade, as defined in subparagraph (b)) of paragraph 1 of article 1 of Decree-Law No. 339/85 of 21 August;

11 i) «food» trade Establishment, the place where it carries on an activity exclusively food trade or where this represents a percentage equal to or greater than 90% of the total sales volume; j) ' establishment of non-food trade», the site carries exclusively non-food trade activity or where this represents a percentage equal to or greater than 90% of the total sales volume; l) ' establishment of joint trade», where you carry out, at the same time, activities of food and non-food trade and as not to apply the provisions of points (a) g) and (h)); m) ' food business establishment format or mixed», the size of your sales area. To determine the format of the food business establishment or mixed are considered the following areas: i) sales Area ii) sales > 400 m 2 and

III) sales: 20,000 m 2 supermarket >. n) «» procedure Manager, designated by the coordinating entity for the purpose of verifying the application and monitoring of the various stages of the process, constituting themselves as privileged interlocutor of the applicant; the ' group '), the set of companies, although legally separate, maintain ties of interdependence among themselves or tying resulting from the use of the same insignia or the rights or the powers listed in paragraph 1 of article 10 of law No. 18/2003, of 11 June; p) ' installation ' shall mean the creation of a retail establishment or commercial set, whether such translates into new buildings, whether resulting from works in existing buildings; q) ' project ' Interlocutor, the person or entity designated by the 12 applicant for the purposes of demonstration that the project complies with the applicable legislation and to the relationship with the coordinating entity and other entities involved in the authorization process; r) «social responsibility», the voluntary integration, by the company, of social and environmental concerns in the pursuit of your activity and interconnection with local communities and other stakeholders; s) «typology of merchants ' retail businesses and food and non-food joint; t) «typology of commercial collections», the traditional shopping centre and specialized.

CHAPTER II Authorization of installation and modification article 5 prior information of location and environmental impact statement 1-for the purposes of authorisation procedure for installation and modification of establishments and commercial sets, applicants must request prior to the City Council a report on the feasibility of carrying out such projects in the desired location, pursuant to articles 14 et seq. of Decree-Law No. 555/99 , Dec 16, as amended by law No 60/2007, of 4 September. 2-in the case of establishments and commercial sets covered by the legal system of environmental impact assessment (EIA), in addition to the provisions of the preceding paragraph, interested parties should instruct the environmental impact statement process (day) favorable or favorable conditionally and, in the case of the AIA procedure elapses in preliminary study phase, with the opinion on the compliance of the project with the DAY.

13 3-If the installation or modification of establishments or commercial sets occur in facilities previously assigned to the commercial use and provided that the request does not involve amendment of urbanistic parameters, the prior information of location can be overridden by the permit of authorisation to use for commercial purposes. 4-in the case of trade in trade covered by this Decree-Law sets the prior information of location shall be replaced by the favourable location is notified in advance of the commercial set or by installing the commercial permit, case already exists.

Article 6 Coordinator 1-coordination of the authorization process of installation and modification, including the technical and administrative support to the decision-maker, the Directorate-General of economic activities (DGAE), designated for coordinating entity, which is considered, for that purpose, the applicant's sole interlocutor. 2-the DGAE may delegate the powers referred to in the previous paragraph on regional economics Directorate (DRE) local jurisdiction.

Article 7 information system 1-the course of the procedures provided for in this decree-law is held dematerialized form as soon as they're running their information systems, which, in an integrated manner, among other features, allow: a) the delivery of applications for authorization, communications and documents; b) consultation by interested parties the State of proceedings; c) sending and reception of opinions; d) the issuance of the decision.

14 2-the provision of information to different entities with jurisdiction under this Ordinance is performed dematerialized form, through integration and interoperability between their respective information systems. 3-is assigned a reference number to each process in the beginning of the processing that is maintained in all documents in that translate the acts and formalities of the competence of the Coordinator or the jurisdiction of any of the entities involved. 4-the functions of the information system include the rejection of operations whose implementation would vices or shortcomings, namely refusing the receipt of orders that are not properly educated. 5-information systems produce automatic notifications to the entities involved whenever new features are added to the process.

Article 8 Processing 1-The procedures provided for in this Decree-Law initiated by petition or communication submitted by electronic means and through the system laid down in the previous article, aimed at coordinating entity, of which shall contain the particulars referred to in the annex to this Ordinance. 2-With the presentation of the petition or communication is sent by electronic means receipt of receipt delivered by the same way. 3-the applicant shall identify an interlocutor responsible for the process and the coordinating entity designates a procedure Manager, responsible for ensuring the development of the procedure, following in particular the instruction, the deadlines and the provision of information and clarification to applicants. 4-When the verification of supporting documents the process if these are not in accordance with the provisions of paragraph 1, the Coordinator asks the applicant, within five days from the date of receipt of the application, the submission of 15 missing elements, fixing a time limit for the respective shipment. 5-the process is properly instructed on the date of receipt of the last of the missing elements.


Article 9 opinion of 1-DGAE DGAE send your opinion within 30 days from the date of receipt of the request duly instructed in accordance with the previous article. 2-the opinion of the DGAE is required and, when unfavorable, binding in nature. 3-DGAE's opinion is issued on the basis of the parameters referred to in article 10 4-DGAE may ask, in the first 10 days of the period, clarifications or additional information, suspended the deadline for the preparation of its opinion until the receipt of the requested elements. 5-applicants have a period of 10 days from the date of receipt of the respective request for response effects.

Article 10 examination parameters of 1-DGAE For emission effect your opinion the DGAE shall score of processes in function of the project added value (PV), according to the following parameters defined for the various business typologies: a) contribution of the establishment to the multiplicity of the commercial offer in both formats as in insignia, in order to promote effective competition between companies and groups in the area of influence , given in the commercial sets, the diversity of their activities; b) evaluation of services provided to the consumer, in particular to promote the comfort in purchasing, better integration of people with disabilities and disabilities and adherence to conflict resolution processes;

16 c) evaluation of the quality of employment in the establishment and the social responsibility of the company; d) evaluation of the integration of the establishment or commercial set in the urban environment, strengthening the attractiveness of urban centre shopping and leisure destination and contributing to the reduction of commuting trips; and Contribution to the establishment or set) for energy efficiency or use of renewable energy, use of recycled and/or degradable materials and recycling of waste. 2-the way of calculating the results from the sum of the VP scores obtained in each one of the parameters referred to in the preceding paragraph, the opinion of the DGAE positive when the process get a VP more than 50% of the overall score. 3-the commitments undertaken in paragraph 1 (b)), (c)) and e) of paragraph 1 shall be presented in quantified and may be subject to annual verification by the supervisory authority, for a period of five years, counted from the date of entry into operation of the establishment or commercial suite. 4-the methodology for the determination of the VP, your application to food retail establishments and mixed, non-food and commercial sets, as well as other technical rules necessary for the implementation of the assessment parameters are fixed by order of the Member of Government responsible for the area of Commerce.

Article 11 Commission Commercial authorization 1-the competence to grant the authorization of installation and modification referred to in paragraphs 1 and 2 of article 3 the Commission shall be responsible for Commercial authorization (COMAC) local jurisdiction. 2-The COMAC has the following composition: a) an element indicated by the set of municipalities organized territorially based units of level III of the NUTS in that if you want to install or modify the establishment of retail or commercial set 17 chairs; b) the Mayor their; c) the Chairman of the Committee of coordination and regional development (CCDR) territorial jurisdiction; d) the director of the Directorate-General of economic activities; and the regional director of Economics) local jurisdiction. 3-the entities referred to in the preceding paragraph may be represented by an element designated by you.

Article 12 Commission 1-Commercial authorization The COMAC together, monthly, for an appreciation of all the processes that have been submitted by the Coordinator. 2-the rules of operation of the COMAC are fixed by order of the Member of Government responsible for the area of Commerce. 3-the members of the COMAC shall be subject to the confidentiality rules applicable to officials of the State, with regard to facts that come to their knowledge in the performance of their duties.

Article 13 decision criteria of COMAC COMAC's decisions are issued after the opinion of the DGAE analysis referred to in paragraph 1 of article 9, and the assessment of processes carried out on the basis of the following criteria: a) compliance with the standards of planning, as well as to fitness for sectoral plans or other guidelines that may be defined in various instruments of territorial planning; b) positive contribution in environmental protection, enhancing energy projects more efficient and with less impact in the environment;

18 c) evaluation of functional joint establishment or commercial set with the urban center as a way to qualify the existing centres, promote urban attractiveness, decrease the commuting and reduce the congestion of infrastructures; d) assessing the commercial added value of the project in accordance with paragraph 1 of article 10 article 14 1 Decision-the coordinating entity sends to members of the COMAC responsible for decision-making purposes, copies of the processes and of the opinion of the DGAE referred to in paragraph 1 of article 9 2-in the absence of issue the opinion referred to in the preceding paragraph shall be issued for the coordinating entity, evidence of the time needed for your issue. 3-for the purposes of decision the COMAC analyzes, at each meeting, all processes which have been sent up to five days before by the Coordinator. 4-can be requested, through the coordinating entity, and at once, clarifications or additional information to entities that issued opinion and the applicant, which have a maximum period of 15 days for the purposes of reply, being the process submitted the decision at its next meeting. 5-the decision is accompanied by the imposition of obligations designed to ensure compliance with commitments made by the applicant and which constituted authorization assumptions. 6-the coordinating entity notifies the applicant of the decision taken in accordance with articles 100 and 101 of the code of administrative procedure, the authorization may only be issued after the payment of the fee due pursuant to article 25 of this decree-law. 7-the authorization referred to in the preceding paragraph is deemed for the purposes of article 37 of Decree-Law No. 555/99, of December 16, as amended by law No 60/2007, of 4 September.


19 article 15 challenging the decision of the COMAC fit challenge to the administrative courts of circle, with the General Secretariat of the Ministry responsible for trade, with the collaboration of entities involved in the authorization process, provide the necessary legal support. Article 16 1-caducity of authorisation the authorisation granted shall lapse if, within three or four years from the date of your issue, if not check the entry into operation, respectively, the establishment of trade or commercial set to that same respect. 2-in the case of businesses entered into commercial sets the authorization shall expire on the date of expiry of the authorisation of the commercial set. 3-in exceptional cases, the COMAC may extend the authorisation granted to a maximum of one year in the case of establishment, or trade up to a maximum of two years, in the case of commercial set, based on application of the person concerned, shall be duly reasoned and presented, at least 45 days from the date of expiry of the authorization, the Coordinator , which advises on the same.

Article 17 1 post-authorisation Changes-changes that the applicant intends to introduce in the process between the date of issue of the authorization and the entry into operation of the establishment or commercial set, might alter the assumptions on which it was based and which relate in particular to the increase in sales or gross leasable area, the typology or operator if configuring group change , must be received by the Coordinator until 45 days before the expected date of entry into operation of the establishment or commercial suite.

20 2-within three days as of the date of your receipt, the Coordinator sends the change request to the entities involved in the authorisation process, for the purpose of assessment. 3-the entities referred to in the preceding paragraph shall draw up opinion within 10 days of the date of receipt of the request. 4-an opinion within the time limit laid down in the preceding paragraph shall be regarded as assent. 5-the COMAC decides at its meeting following the date of receipt of the last of the opinions referred to in paragraph 3 or the deadline for its issuance, after which the decision is taken, it is considered that the variation application was granted.

CHAPTER III Operation article 18 opening Communication 1-without prejudice to the obtaining the permit of authorisation to use, laid down in the legal framework of urbanization and edification, the holder of the undertaking, until 20 days before the opening of the establishment or commercial set, communicate such fact to the Coordinator and to the Town Hall, accompanied by a disclaimer which States that the establishment or commercial set fulfills the commitments which motivated the installation or permit modification. 2-the notification referred to in the preceding paragraph is deemed for the purposes of Decree-Law No. 259/2007, of July 17. 3-communication is carried out through the model referred to in paragraph 5 of article 3 article 19 Communication the closure the closing of establishments and commercial sets covered by this Decree-Law 21 must be communicated to the coordinating entity, until 20 days after your occurrence, through the model referred to in paragraph 5 of article 3 article 20 Register 1-opening the modifications and the closure of establishments and commercial sets covered by this Ordinance are subject to registration, carried out by the DGAE, which is considered for the purposes of Decree-Law No. 462/99, of November 5 and of article 6 of Decree-Law No. 259/2007, of July 17. 2-registration is carried out on the basis of the communications made pursuant to paragraph 4 of article 3, paragraph 1 of article 18 and article IV, paragraph Chapter requests for information, monitoring and penalties article 21 reporting the DGAE, in the exercise of the powers conferred upon it by this decree-law may request the provision of information to undertakings and associations of undertakings fixing, for this purpose, the time limits to understand reasonable.

Article 22 Monitoring the enforcement of the provisions of this Ordinance, including the regular verification of compliance with the conditions and undertakings given by the promoters, who have conditioned the issuance of the authorization, it is for the Food and economic Safety Authority (EFSA), without prejudice to the powers legally assigned to other entities.

22 article 23 Offences Are offences punishable with 1-the following fines, when committed by natural person: a) € 5,000 to € 25 000, the installation or modification of an establishment or business set without the legally required permission and the obligations that substantiate the authorization decision issued by COMAC; b) € 2 500 € 12 500, the lack of timely reporting to the Coordinator of any changes after the issuance of the authorization and prior to entry or establishment operating commercial set, might alter the conditions of the authorisation decision; c) € 500 to € 2 500, the lack of timely communication of the modifications provided for in paragraph 4 of article 3, the opening of the establishment or business set without communicating in a timely manner to the Coordinator and to the Town Hall and the closure of the establishment or business set without communicating in a timely manner to the Coordinator; d) € 250 to € 1 250, the lack of information the DGAE by undertakings or associations of undertakings. 2-Constitute punishable offences with the following fines, when committed by a legal person: the € 100 000) to € 500 000, the installation or modification of an establishment or business set without the legally required permission and the obligations that substantiate the authorization decision issued by COMAC; b) € 30 000 to € 150 000, the lack of timely reporting to the Coordinator of any changes after the issuance of the authorization and prior to entry or establishment operating commercial set, might alter the conditions of the authorisation decision; c) € 5,000 to € 25 000, the lack of timely communication of the modifications provided for in paragraph 4 of article 3, the opening of the establishment or group


23 without commercial communicate in due time to the Coordinator and to the Town Hall and the closure of the establishment or business set without communicating in a timely manner to the Coordinator; d) € 2 500 € 15 000, the lack of information submission to DGAE by undertakings or associations of undertakings. 3-negligence is punishable, and the limits and maximum fines applicable reduced to half. 4-the ASAE may request the cooperation of any other entities whenever deems necessary for the performance of their functions. 5-the statement of offense the ASAE. 6-the application of fines and penalties provided for in this Ordinance the Commission of imposition of fines economic and advertising (CACMEP). 7-the proceeds of fines imposed under this law reverts: 60% to the State); b) 30% to the ASAE; c) 10% to CACMEP. 8-the CACMEP proceeds to payment until the day 10 of each month via bank transfer or cheque, the entities referred to in points (a) and (b))) the preceding paragraph and the list of processes to which they relate.

Article 24 in the case of accessory contravention Sanction provided for in (a)) and (b)) of paragraphs 1 and 2 of the previous article, simultaneously with the fine, can be applied for a period not exceeding 2 years, the accessory sanction provided for in subparagraph (f)) of paragraph 1 of article 21 of Decree-Law No. 433/82 of 27 October, as amended by Decree-Law No. 244/95 , of 14 September, getting the resumption of activity dependent on the granting of authorization to be issued by the competent authority in accordance with this decree-law.

24 Article 25 1 Rates-The documents concerning the authorization of installation and modification processes of shops and commercial sets, including extensions, are subject to the payment of the respective fee, the amount of which varies depending on the sales area or gross leasable area subject to authorisation. 2-the rates referred to in the preceding paragraph are as follows: a) the rate of clearance of applications for installation or modification of retail businesses is € 30 per square metre of sales area authorized; b) in the case of establishments integrated into commercial sets, the amount of the fee referred to in (a) is reduced to half; c) the rate of installation or permit modification of commercial collections is € 20 per square metre of gross leasable area, with a maximum limit of € 1 000 000; d) fees for the procedures of modification of retail businesses arising from concentrations of companies subject to prior notification, in accordance with national or Community legislation on competition, suffer a reduction of two-thirds for the values referred to in paragraph 1(a); e) fees for the extension of the installation or modification permits to establishments or commercial sets are of: i) € 300, for establishments; II) € 1 500, for the commercial sets. 3-revenue arising from the charging of the rates and processes of authorization extensions in 1% shall accrue in favour of the coordinating entity, 0.5% in favour of the entity issuing the opinion provided for in article 9 and the rest in favor of modernizing the Trade Fund, created by Decree-Law No. 178/2004, of 27 July, as amended by Decree-Law No. 143/2005 , from August 26, as well as commercial entrepreneurs support fund referred to in the Joint Decree No. 324/2002, of 25 8 March, published in Diário da República, second series, no. 94, of 22 April 2002, without prejudice to the appropriations provided for in the same order set. 4-the assessment and collection of rates are coordinating entity, which carries out the payment until the day 10 of each month via bank transfer or check, to other entities, accompanied by the list of processes to which they relate.

Chapter V transitional and final provisions article 26 application to autonomous regions this decree-law applies to the autonomous regions of the Azores and Madeira, without prejudice to the powers committed the departments or bodies of the State administration are carried out by corresponding offices of the regional administrations, with identical tasks and competencies.

Article 27 cases pending 1-dossiers on establishments and commercial sets, by virtue of the amendment to the scope of this decree-law, cease to be covered by the authorisation are considered extinct. 2-the procedures which, at the date of entry into force of this decree-law, have not yet obtained the decision referred to in article 17 of law No. 12/2004, of March 30, are determined in accordance with the provisions of this Ordinance, and the Coordinator to request the necessary elements to your evaluation, according to the new parameters and criteria for assessment. 3-this decree-law shall apply to requests for modification as provided for in article 21 of law No. 12/2004, of 30 March, as well as renewals of commitments referred to in your article 20 26 4-the provisions of this Ordinance shall not apply to modifications of commercial sets referred to in paragraph 2 of article 3, in respect of which, at the date of entry into force of this Decree-Law , has already been issued building permit, in accordance with the legal regime of the urbanization and edification.


Article 28 1-set Standard is revoked the law No. 12/2004, of March 30, and the Ordinances Nos. 518/2004, 519/2004 and no. 520/2004, all of May 20, and no. 620/2004, 7 June; 2-the revocation referred to in the preceding paragraph shall not preclude remission powered by legislation in force: a) the definition of ' hypermarkets ', set forth in subsection a) of paragraph 1 of article 2 of Decree-Law No. 258/92, of 20 November; b) the definition of ' wholesale ' establishment established in point (a)) of article 3 of law No. 12/2004, of 30 March. 3-for the purposes of the EIA procedure the remission operated by (b)) of paragraph 10 of annex II of Decree-Law No. 69/2000, of May 3, as amended by Decree-Law No. 197/2005, of 8 November, for the definition of establishment of trade or commercial set, it is made to subparagraphs (a) (f)) and h) l) of article 4 of this Decree-Law without prejudice to the provisions of subparagraph (b)) of the preceding paragraph. 4-Article 29 entry into force this law shall enter into force 90 days after your publication.

Seen and approved by the Council of Ministers of 27 Prime Minister the Minister of State and finance the Minister of Justice, the Minister of the environment, regional planning and Regional development, the Ministry of economy and innovation ANNEX 28 elements that must accompany the application for installation or modification of retail establishments and commercial sets in accordance with the provisions of paragraph 1 of article 8 of this decree-law.

THE-ELEMENTS APPLICABLE TO ESTABLISHMENTS.

When are concerned retail businesses referred to in (a)) and b) of paragraph 1 of article 2 of this decree-law, applications for authorisation must be accompanied by the following elements: (I) – GENERAL INFORMATION the) entitlement to application: title deed, agreement or any other document fairly, resulting or likely to result the legitimacy of the applicant to construct the establishment concerned or If they already exist, to exploit them commercially; b) number and location of establishments which meet the requirements set out in paragraph 1 of article 2 of this decree-law to eventually stop already, referring to their years of opening, sales areas and number of employees; c) prior information of favourable location or document serving as invoice in accordance with the procedure laid down in article 5 of this Decree-Law; d) in the case of commercial establishments covered by the legal system of environmental impact assessment, environmental impact statement favorable or document serving as invoice, in accordance with the procedure laid down in article 5 of this Decree-Law;

II-CARACTERIZAÇÂO characteristics of the establishment of trade: 29 Location; Name/insignia/designation; Type of trade (food, non-food-with indication of their branch of activity-or mixed); Number of floors; Sales/storage areas, support services and offices; Number of parking spaces and loading and unloading and respective areas; Foreseeable period of construction and opening to the public.

III – AREA a) definition of the area of influence: identification, and characterization of the influence area of the application and presentation of the underlying methodology; b) description of business diversity that exists in the area of influence to the request: Number and characteristics of the existing establishments and which are covered by paragraph 1 of article 2 of this decree-law, specifying, inter alia, the respective locations, specifying the parish, sales areas, badges, branches of trade and sales methods.

IV – the ASSESSMENT) compliance with the examination parameters: Demonstration of compliance with the parameters of assessment referred to in paragraph 1 of article 10 of this decree-law, including presentation of the document containing the commitments referred to in paragraph 3 of article 10 of this Decree Law 30; b) for the purposes of the assessment referred to in paragraph b) of paragraph 1 of article 10 of this decree-law-services provided to the consumer must indicate so quantified and broken down: i) Which support services to people with disabilities and disability; II) existence of discount card to the customer; III) existence of home delivery service, if applicable; IV) existence of after-sales assistance, if applicable; v) existence of distance selling, if applicable; vi) membership of the arbitration center of consumer conflicts. c) for the purposes of the assessment referred to in point (c)) of paragraph 1 of article 10 of this Decree-Law-job quality and social responsibility-must indicate so quantified and broken down: i) number of persons employed; II) number of workers hired by link type and professional category; III) number of contracts with people with disabilities and disability; IV) existence of continuous training plan for all workers. d) for the purposes of the assessment referred to in point (d)) of paragraph 1 of article 10 of this Decree-Law-location of establishment in urban center-shall submit Declaration of City Council indicating whether the establishment lies within or outside the urban centre as defined in subparagraph (e)) of article 4 of this decree-law. and for the purposes of the evaluation provided for) in subparagraph (e)) of paragraph 1 of article 10 of this Decree-Law-eco-efficiency must indicate so broken down: i) existence of energy certification as referred to in Annex XI of Decree-Law No. 79/2006, of 4 April; II) Adoption of measures for improving environmental quality through the use of recyclable materials and/or degradable in shopping bags and packaging, existence of packaging collection points and other reusable goods 31, polluting products, etc; III) existence of recycling of waste and what percentage. Your replacement or the existence of environmental certification according to norm NP EN ISO 14001:2004 32 B – elements APPLICABLE to COMMERCIAL COLLECTIONS: When commercial sets are concerned referred to in (c)) and d) of paragraph 1 of article 2 of this decree-law, applications for authorisation must be accompanied by the following elements: (I)-GENERAL INFORMATION


the) entitlement to application: title deed, agreement or any other document fairly, resulting or likely to result the legitimacy of the applicant to build the commercial set in question or, if it already exists, to commercially exploit; b) Number and location of commercial collections that meet the requirements set out in paragraph 1 of article 2 of this decree-law to eventually stop already, referring to their years of opening, crude locáveis areas, their constituent establishments, commercial mix and number of establishments in operation, number of own workers and shops; c) prior information of favourable location or document serving as invoice in accordance with the procedure laid down in article 5 this Decree-Law; d) in the case of commercial sets covered by the legal system of environmental impact assessment, environmental impact statement favorable or document serving as invoice, in accordance with the procedure laid down in article 5 this decree-law.

II-CARACTERIZAÇÂO Features:-Set Location;

33 Name/designation; Number of floors; Gross leasable area; Storage areas, support services and offices; Number of parking spaces and loading and unloading and respective areas; Number of establishments in the trade trade and commercial mix set laid down; Distribution of shops by groups of activities; Number of posts estimated from shops and the CC; Foreseeable period of construction and opening to the public.

III – AREA a) definition of the area of influence: identification and characterization of the influence area of the application and presentation of the underlying methodology; b) description of business diversity that exists in the area of influence to the request: Number and characteristics of commercial collections that meet the requirements set out in paragraph 1 of article 2 of this decree-law, specifying, in particular, its location, specifying the parish, and gross locáveis areas;

IV – the ASSESSMENT) compliance with the examination parameters: 34 Demonstration of compliance with the parameters of assessment referred to in paragraph 1 of article 10 of this decree-law, including presentation of the document containing the commitments referred to in paragraph 3 of article 10 of this Decree-Law; b) for the purposes of the assessment referred to in point (a)) of paragraph 1 of article 10 of this Decree-Law-diversity of activities-should indicate so quantified and broken down the activities that define your mix; c) for the purposes of the assessment referred to in paragraph b) of paragraph 1 of article 10 of this decree-law-services provided to the consumer must indicate so quantified and broken down: i) Which support the elderly services and the person with disabilities and disability; II) existence of guard services and monitoring of children and what your cost to the customer; III) existence of parking and what your cost to the customer; IV) existence of discount card to the client; v) existence of letter of purchase with single point of delivery of purchases; vi) membership of the arbitration center of consumer conflicts. d) for the purposes of the assessment referred to in point (c)) of paragraph 1 of article 10 of this decree-law-company-social responsibility should indicate so quantified and broken down: i) existence of leisure spaces and making meals for the employees of the establishments included in the set; II) existence of day care for the children of the employees of the establishments included in the commercial set. and for the purposes of the evaluation provided for) in subparagraph (d)) of paragraph 1 of article 10 of this Decree-Law-location of commercial urban centre-set shall submit Declaration of City Council indicating whether the establishment lies within or outside the urban centre as defined in subparagraph (e)) of article 4 of this decree-law. f) for the purposes of the assessment referred to in point (e)) of paragraph 1 of article 10 of this Decree-Law-eco-efficiency must indicate so broken down: 35 i) existence of energy certification as referred to in Annex XI of Decree-Law No. 79/2006, of 4 April; II) Adoption of measures for improving environmental quality through the use of recyclable materials and/or degradable in shopping bags and packaging, existence of packaging collection points and other reusable goods, polluting products, etc; III) existence of recycling of waste and what percentage. Your replacement or the existence of environmental certification according to norm NP EN ISO 14001:2004.