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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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PROPOSED LAW NO. 192 /X

Exhibition of Motives

The current legal regime for the installation and modification of trading establishments to

retail and wholesale trade in free service and the installation of commercial assemblies

is stated in Law No. 12/2004 of March 30, which provides, in its Article 37, that the same is

object of review within three years after its entry into force.

Given the size of the changes to be introduced, either in the material scope of the law, or at the level

of the authorisation procedures, it is necessary to proceed to the repeal of Law No 12/2004,

of March 30.

Among the subjects that need to be changed are listed in those relating to the rate setting scheme

and to the definition of the amount of fines, higher than that provided for in the general scheme of

counterordinations.

Being these subjects integrated into the relative reserve of legislative competence of the

Assembly of the Republic, it has opted for the submission of a proposal for a law of

legislative authorization.

The amount of fees charged takes into account the complexity of analysis of the processes and the

specificity of economic agents subject to the present regime. The product of fees

reverts in favour of a Trade Modernization Fund, created by the Decree-Law

n ° 178/2004 of July 27, as amended by Decree-Law No. 143/2005 of August 26,

supporting the modernization of SMEs in the sector, with a view to alleviating the effects

arising from the installation of the commercial units subject to this legislation, well

as of a support fund for commercial entrepreneurs referred to in the order

set paragraph 324/2002 of March 8, published in the Journal of the Republic , 2 th series, paragraph 94, of

April 22, 2002, without prejudice to the appropriations provided for in the same joint order.

Also in respect of fines, it is necessary to provide amounts proportional to nature

of the infringing agents and to the benefit arising from the practice of the offences.

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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

The Government is granted permission to establish the authorisation fee scheme of the

processes for the installation and modification of the establishments and commercial assemblies and

adapt the general regime of counter-ordinations to the offences arising from the violation of the

rules set for those commercial units.

Article 2.

Sense

The present legislative authorization is granted to allow the setting of application fees

of authorisation and fines the amount of which is proportional to the size of the processes,

economic capacity of the offenders and of the benefit arising from the practice of the offence.

Article 3.

Extension

The decree-law to be adopted under the authorisation conferred by this Law shall:

a) To establish that acts relating to the authorisation of the installation and the

modification of the establishments and commercial assemblies, including the

extensions, are subject to the payment of fees, in the following terms:

i) The rate of authorisation of the applications for installation or modification of the

Retail outlets is € 30 per square metre of

authorized sale area;

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ii) In the case of integrated establishments in commercial assemblies, the

amount of the fee referred to in the preceding paragraph is reduced by half;

iii) The rate of installation authorization or modification of sets

commercials is € 20 per square metre of authorized locable gross area,

with a maximum limit of € 1000000;

iv) The fees for the modification processes of establishments of

retail trade arising from business concentration operations

subject to prior notification, pursuant to the competition law

national or community, suffer a two-thirds reduction in relation to the

values referred to in the previous paragraphs;

v) The fees for the extension of the installation permits or

modification of establishments or commercial sets are € 300,

for establishments and € 1500, for commercial assemblies.

b) Establish as a counterordinance punishable from 5000 a to € 25000, when

committed by natural person, and from € 100000 a to € 500000, when committed by

legal person, the installation or modification of an establishment or assembly

commercial without the legally required authorisation and the default of the

obligations that have substantiated the decision of authorisation issued by the entity

competent administrative;

c) Establish as counter-ordinance punishable by € 12500, when committed by

singular person, and until € 150000, when committed by a legal person, the lack of

timely communication to the coordinating entity of any changes

subsequent to the issuance of the authorisation and prior to the commissioning of the

establishment or commercial set up, likely to change the assumptions

of the authorization decision.

Article 4.

Duration

The legislative authorization granted by this Law shall be for the duration of 180 days.

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Seen and approved in Council of Ministers of March 20, 2008

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

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The Act No. 12/2004 of March 30 laying down the authorisation regime to which they are

subject to the installation and modification of retail and business establishments

wholesale trade in free service and the installation of commercial assemblies predicts, in their

article 37, which the same is the subject of review within three years after its entry

in force, following the submission by the Government, to the Assembly of the Republic, of a

evaluation report of its application.

The experience gained from the application of the said law has demonstrated diverse misfits either

relative to their structuring either in their implementation.

With the present decree-law intends to comply with the principles of the Programme

SIMPLEX, promoting a simplification of overly complex procedures and

generators of constraints and morosity in the processes, as well as a shortening

of the decision deadlines, decreasing, in this way, the costs of context for the companies.

On the other hand, the deployment of the business structures of the trade, in a way, is regulated

to ensure its spatial insertion, in accordance with criteria that promote an appropriate

spatial planning, safeguard the protection of the environment, value the centres

existing urban and contribute to the multiplicity of commercial supply and to the

diversified supply of populations.

It is thus aimed at contributing to the competitiveness of the urban system, by dinning the

existing urban centralities, favoring urban sociability and improvement of the

supply and the quality of life of populations.

In the appreciation of the new establishments and commercial assemblies is given a special

relevance to the positive contribution of such ventures to the promotion of improvement

of the environment, filling requirements of eco-efficiency, of the development of the

qualification of employment and social responsibility of the promoter companies of the

projects in appreciation.

In concrete, and in what concerne the regime enshrined in Law No. 12/2004, of 30 of

March, the decree-law now passed reduces the universe of establishments of commerce,

isolates or in group, subject to the authorization regime, by raising the boundaries of the areas

of sale in the case of retail and the leasable gross area in the case of sets

commercials.

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Excludes from the authorisation scheme the wholesale and micro enterprises and micro enterprises and

subject to the authorization regime the modifications to commercial assemblies.

It imposes the obtaining of prior favourable location information and the declaration of

favorable environmental impact, in cases covered by the legal assessment regime of

environmental impact, prior to the authorization process, eliminating from the procedure the

projects deemed unviable as to the location and assessment of environmental impact,

thus avoiding analyses, opinions and unnecessary decision-making processes.

Changes the criteria for installation and modification authorization to suit them to the

community imperatives in respect of competition and freedom of establishment.

Abandons the system of application phases, penalizer of investment and of the

promoters, adopting a system of entry of proceedings continue.

It replaces, at the level of the decision, the three currently existing decision-making entities-Directorate

Regional of Economics, Regional Commissions and Municipal Commissions-by a single

entity-the Commercial Assessment Commission (COMAC)-which decides, at the level of the NUT

III, applications for authorization, with a monthly periodicity.

The governing bodies of the Autonomous Regions, the Association, were heard

National of Portuguese Municipalities, the Confederation of Trade and Services of Portugal,

the Portuguese Association of Distribution Companies, the Portuguese Association of the

Shopping Centres, the Entrepreneurship Association of Portugal and the Industrial Association

Portuguese.

Consultation was promoted to the National Board of Consumption.

Thus:

In the use of the legislative authorization granted by the Law No ___/de ___, pursuant to the

points a) and b) of Article 198 (1) of the Constitution, the Government decrees the following:

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CHAPTER I

General provisions

Article 1.

Subject

The present decree-law establishes the legal regime of the installation and modification of the

retail outlets and commercial assemblies.

Article 2.

Scope

1-Are covered by this decree-law, the following establishments and assemblies

commercials:

a) Retail establishments in retail alone considered or entered

in commercial assemblies, which have an area of sale equal to or greater than

2000 m2;

b) Retail establishments, in isolation considered or entered

in commercial assemblies, regardless of the respective area of sale, which

belong to a company that uses one or more insignia or are

integrated into a group, which has a national level of a sales area

accumulated equal to or greater than 30000 m2;

c) Commercial assemblies that have a gross leasable area equal to or greater than

8000 m2;

d) Establishments and commercial assemblies referred to in points a) and b) and that if

find decommissioned more than 12 months ago, should the respective holders

intend to restart their functioning.

2-The provisions of this decree-law shall not apply:

a) To retail outlets owned by micro enterprises

legally separate but which use a common insignia;

b) To establishments belonging to companies whose capital is subscribed

majority-owned by micro enterprises;

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c) To the specialized retail outlets of arms and ammunition,

of fuels for motor vehicles and pharmacies.

Article 3.

Applicable regime

1-It is subject to the authorisation regime the establishment of the establishments and assemblies

commercial referred to in Article 2 (1).

2-Are, still, subject to the authorisation regime the modifications of the establishments and

commercial assemblies referred to in Article 2 (1) that are set up:

a) Alteration of location of establishments with the exception of those in the

point ( a) of the following number;

b) Alteration of the typology of establishments;

c) Increase in the area of sale of the establishments;

d) Alteration of insignia or the holder of exploitation of the establishments, which does not

occur within the same group;

e) Change of location of commercial assemblies;

f) Alteration of the typology of commercial assemblies;

g) Increase of the locable gross area of the commercial assemblies.

3-They are subject to communication the modifications of the establishments and assemblies

commercials referred to in Article 2 (1) that set out:

a) Alteration of location of commercial establishments in the interior of sets

commercials, which do not translate into increase in sales areas;

b) Decrease in the area of sale of the commercial establishments;

c) Alteration of insignia or the holder of exploitation of the establishments, within the

same group;

d) Decrease in the locable gross area of commercial assemblies;

e) Change of the holder of exploitation of commercial assemblies.

4-The modifications referred to in the preceding paragraph are communicated to the entity

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coordinator referred to in Article 6, by the holder of the venture, up to 20 days before

of your realization.

5-A communication is carried out electronically through the model made available in the

information system provided for in Article 7 para.

Article 4.

Definitions

For the purposes of this decree-law is understood by:

a) "Area of sale accumulated", comprises the summation of the sales area in

operation, of the authorised sales area under the Act No 12/2004 of 30

of March, but which has not yet come into operation and the area of sale

authorized under the legal regime of urbanization and building.

b) "Locable gross area (ABL) of the commercial set", the area that produces

yield in the commercial set whether it is an area leased or sold and

includes the storage spaces and offices allocated to all the

establishments.

c) "Area of influence", the freguesie or set of freguesias that integrate into the

geographic area defined as a function of a maximum time limit of

travel of the consumer to the establishment or trade set in question,

counted from this, which may vary, inter alia, depending on the

respective size and type of trade exercised, the structures of leisure and the

services that may be associated with you, from your insertion into an urban or

rural, the quality of the infrastructures that serve you access.

d) "Area of sale of the establishment", the entire area intended for sale, where

buyers have access or the products find themselves exposed or are

prepared for immediate delivery, in it if including the zone occupied by the boxes

outlet and the circulation zones of internal consumers to the establishment,

particularly the connecting stairs between the various floors.

e) "urban centre", the consolidated urban core as provided for in the

planning instruments in force or, not being there defined, the area

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urban where the respective city hall considers to exist greater confluence

of public transport network, higher commercial density and higher number of

central urban functions.

f) "Commercial set", the planned and integrated venture, composed of

one or more buildings in which a diversified set is installed

of retail and / or provision of services, whether

whether or not owned or operated by the same entity, which fills

cumulatively the following requirements:

i) Dispose of a set of facilities designed to allow a

same clientele access to the various establishments;

ii) It is the subject of a common management, responsible, in particular, for the

provision of collective services, by the institution of common practice

and by the policy of communication and animation of the venture;

Adopting one of the following typologies:

iii) Traditional shopping centre-comprises establishments

undifferentiated or specialized integrated into closed venture

or "the open sky";

iv) Specialized commercial centre-comprises, inter alia, the

named retail park , the outlet centre or the thematics. Include want

specialized, usually larger establishments, with

direct access to the car park or to pedonal areas, whether

establishments, of small and medium size, where producers and

retailers sell their products at a discount on the price coming from

of surpluses, as well as articles with minor defects, or other

developed around a specific category of trade

specialized.

g) "Company" means any entity covered by Article 2 (1) of the Law

n. 18/2003 of June 11;

h) "Establishment of retail trade", the place where the activity of

retail trade, as defined in paragraph b) of Article 1 (1) of the

Decree-Law No 339/85 of August 21;

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i) "Establishment of food trade", the place where it is held exclusively

a food trade activity or where this represents a percentage

equal to or greater than 90% of the respective total sales volume;

j) "Establishment of non-food trade", the place where it is exercised

exclusively a non-food trading activity or where this

represents a percentage equal to or greater than 90% of the respective total volume

of sales;

l) "Establishment of mixed trade", the place where they exercise, at the same time,

food and non-food trade activities and the one that is not applicable

provisions of the paragraphs g) and h) ;

m) "Format of establishment of the food or mixed branch", the size of its da

area of sale. For the determination of the format of the establishment of the branch

feed or mixed are considered the following sales areas:

i) Sales area <400m2: minimarized or small supermected;

ii) Area of sale> 400m2 and <2.000m2: supermarket;

iii) Area of sale> 2 000m2: hypermarket.

n) "Procedure Manager", the technician assigned by the coordinating entity for

verification effects of the statement of the application for authorization and follow-up

of the various stages of the process, constituting itself as a privileged interlocutor of the

applicant;

o) "Group", the set of companies that, while legally distinct, maintain

among themselves ties of interdependence or subordination arising from the use of the

same insignia or the rights or powers listed in Article 10 (1) of the Law

n. 18/2003 of June 11;

p) "Installation", the establishment of a retail or joint trade establishment

commercial, whether this translates into new edifices, wants to result from works in

edifications already existing;

q) "Interlocutor responsible for the project", the person or entity designated by the

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applicant for the purpose of demonstration that the project is in

compliance with applicable legislation and for the relationship with the entity

coordinator and the remaining entities involved in the authorisation process;

r) "Social Responsibility of the company", voluntary integration, by the

company, of social and environmental concerns in the pursuit of its business

and interconnect from it with local communities and other interested parties;

s) "Typology of commercial establishments", the establishments of commerce a

food retail and mixed and non-food;

t) "Typology of commercial assemblies", the traditional shopping centre and the

specialized.

CAPITCHAPTER II

Installation and modification authorization

Article 5.

Prior location information and environmental impact statement

1-For the purpose of instruction of the process of installation authorization and modification of the

establishments and commercial assemblies, the interested parties must request in advance

city hall a briefing on the feasibility of carrying out such ventures

in the desired location under the terms of Articles 14 and following of the Decree-Law

n ° 555/99 of December 16, as amended by Law No. 60/2007,

of September 4.

2-In the case of the establishments and commercial assemblies covered by the legal regime

of environmental impact assessment (EIA), in addition to the provisions of the preceding paragraph, the

interested should instruct the process with statement of environmental impact (DIA)

favorable or conditionally favourable and, in the case of the EIA procedure having

elapsed in a phase of prior study, with the opinion concerning the compliance of the project

of execution with the DIA.

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3-Should the installation or modification of the establishments or commercial assemblies occur

in installations previously allocated to commercial use and provided that the request does not

imply alteration of urbanistic parameters, prior location information may

be replaced by the alvshall of permission to use for commercial purposes.

4-In the case of trading establishments inserted in commercial assemblies

covered by this decree-law the advance information of location is replaced

by the favourable prior information of location of the commercial set or by the

authorization to install the commercial set, if it already exists.

Article 6.

Coordinating entity

1-A the coordination of the installation and modification authorization process, including the

technical and administrative support to the decision-maker, it is up to the Directorate-General for

Economic Activities (DGAE), designated by coordinating entity, to which it is

considered, for the purpose, the sole interlocutor of the applicant.

2-A DGAE may delegate the competence referred to in the preceding paragraph in the regional direction

of territorially competent economy (DRE).

Article 7.

System of information

1-A The procedure for the procedures provided for in this decree-law is carried out in a manner

dematerialised as soon as the respective systems are in operation

information, which, in an integrated manner, among other functionalities, allow:

a) The delivery of applications for authorization, communications and documents;

b) The consultation by the stakeholders of the state of the respective process;

c) The sending and receiving of opinions;

d) The issuance of the decision.

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2-A provision of information to the different entities with competence within the framework of

present decree-law is carried out in a dematerialized manner, by means of integration and

guarantee of inter-operationality between the respective information systems.

3-It is assigned a reference number to each process at the beginning of the tramway that is

kept in all the documents in which the acts and formalities of the

competence of the coordinating entity or the competence of any of the entities

actors.

4-The functionalities of the information system include the rejection of operations of whose

execution would result in vices or disabilities of instruction, specifically by refusing the

receipt of the applications that are not properly instructed.

5-Information systems produce automatic notifications for entities

involved whenever new elements are added to the process.

Article 8.

Tramway

1-The procedures provided for in this Decree-Law start by application

or communication presented with recourse to electronic means and through the system

provided for in the previous article, addressed to the coordinating entity, of which they must appear

the elements referred to in the Annex to this Decree-law.

2-With the submission of the application or communication by electronic means is issued

receipt receipt delivered by the same form.

3-The applicant shall identify an interlocutor responsible for the process and the entity

coordinator designates a procedure manager, to whom it competes to ensure the

development of the procedural plotting, following in particular the instruction,

compliance with deadlines and the provision of information and clarifications to the

applicants.

4-When in the verification of the instructory documents of the process you will see that these

are not in accordance with the provisions of paragraph 1, the coordinating entity

requests the applicant, within five days from the date of receipt of the application, the

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dispatch of the missing elements, setting a deadline for the respective shipment.

5-The process is only properly instructed on the date of receipt of the last of the

elements in foul.

Article 9.

Opinion of the DGAE

1-A DGAE issues its opinion within 30 days of the date of receipt of the

application properly instructed in the terms of the previous article.

2-The opinion of the DGAE is mandatory and, when unfavorable, has binding nature.

3-The opinion of the DGAE is issued on the basis of the parameters referred to in Article 10.

4-A DGAE may request, in the first 10 days of the deadline, clarifications or

additional information, considering the deadline for the drafting of the

respective opinion until the reception of the requested elements.

5-Applicants have a period of 10 days from the date of receipt of the

respective request for response purposes.

Article 10.

Parameters of appreciation of DGAE

1-For the purpose of issuing its opinion to DGAE proceeds to the scoring of the processes in

project value (VP) function, according to the following defined parameters

for the different commercial typologies:

a) The contribution of the establishment to the multiplicity of the trade offer so much

in formats such as in insignia, so as to promote effective competition

between companies and groups in the area of influence, attending, on the sets

trade, the diversity of its activities;

b) Evaluation of services provided to the consumer, namely, those that

promote comfort in the purchase, a better integration of the people with

deficiencies and incapacities and adherence to conflict resolution processes of

consumption;

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c) Assessment of the quality of employment in the establishment and responsibility

social of the company;

d) Evaluation of the integration of the establishment or commercial pool in the environment

urban, strengthening the attractivability of the urban centre as a destination

commercial and leisure and contributing to the decrease in displacements

pendulars;

e) Contribution of establishment or trade set to efficiency

energy or use of renewable energy, use of recyclable materials

and / or degradable and recycling of waste.

2-A form of VP calculation results from the summation of the scores obtained in each

of the parameters referred to in the preceding paragraph, being the positive DGAE opinion

when the process obtains a VP of more than 50% of the global score.

3-The commitments made in the paragraphs b) , c) and e) of paragraph 1 shall be submitted from

quantified form and may be the subject of annual verification by the supervising entity,

over a period of five years, counted from the commissioning date of the

establishment or commercial assembly.

4-A methodology for the determination of VP, its application to the establishments of

food and mixed-use retail, non-food and commercial assemblies as well as the remaining

technical rules necessary for the implementation of the parameters of appreciation, are fixed by

would pore from the member of the government responsible for the area of commerce.

Article 11.

Commercial Authorization Commission

1-A competence to grant the installation and modification authorization referred to in us

n. paragraphs 1 and 2 of Article 3 shall be up to the Commercial Authorization Commission (COMAC)

territorially competent.

2-COMAC have the following composition:

a) An element indicated by the set of territorially organized municipalities

on the basis of the level III units of the NUTS in which it is intended to be installed or

modify the retail establishment or the commercial set, which

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preside;

b) The chairman of the respective municipal chamber;

c) The chairman of the regional coordination and development committee (CCDR)

territorially competent;

d) The Director of the Directorate General for Economic Activities;

e) The regional director of territorially competent economics.

3-The entities referred to in the preceding paragraph may make themselves represent by a

element by itself assigned.

Article 12.

Operation of the Commercial Authorization Commission

1-COMAC meets, monthly, for appreciation of all the processes that

have been submitted by the coordinating entity.

2-The operating rules of the COMAC are fixed by porterie of the member of the

government responsible for the area of commerce.

3-COMAC members become subject to the rules of confidentiality applicable to the

state officials, regarding the facts of which they take notice in the

exercise of its functions.

Article 13.

COMAC decision criteria

The decisions of COMAC are issued after analysis of the DGAE's opinion provided for in paragraph 1

of Article 9, being the assessment of the processes carried out on the basis of the following criteria:

a) Respect for spatial planning standards, as well as suitability for

sectoral plans or other guiding standards that come to be defined in the

various instruments of territorial planning;

b) Positive contribution in environmental protection by valuing projects

energetically more efficient and with lower impact on the enveloping;

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c) Evaluation of the functional articulation of the establishment or commercial joint

with the urban centre as a way to qualify the existing centralities,

promote urban attractiveness, decrease the pendular displacements and reduce the

Congestion of the infrastructure;

d) Assessment of the commercial value of the project in accordance with Art. 10 (1)

Article 14.

Decision

1-A The coordinating body sends members of COMAC competent for the purpose of

decision, copies of the proceedings and the opinion of the DGAE referred to in Article 9 (1).

2-In the lack of issuance of the opinion referred to in the preceding paragraph shall be issued, by the entity

coordinator, document proving that the required time limit has elapsed

for its issuance.

3-For decision purposes the COMAC analyzes, at each meeting, all the processes that

have been remitted up to five days earlier by the coordinating entity.

4-Can be requested, through the coordinating entity, and at one time,

clarifications or supplementary information to the entities that issued opinion and

to the applicant, which they have a maximum period of 15 days for the purpose of

response, being the process submitted to the decision at the following meeting.

5-A The decision made is accompanied by the imposition of obligations aimed at guaranteeing the

compliance with commitments made by the applicant and which have constituted

assumptions of the authorization.

6-A coordinating body notifies the applicant of the decision taken pursuant to the

articles 100 and 101 of the Code of Administrative Procedure, and may only

respective authorisation to be issued after payment of the due fee, pursuant to the

article 25 of this decree-law.

7-A The authorization referred to in the preceding paragraph shall be considered for the purpose of the provisions of the

article 37 of the Decree-Law No. 555/99 of December 16 as amended

given by Law No. 60/2007 of September 4.

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Article 15.

Impugation

From the decision of the COMAC it is up to challenge for the administrative courts of circle,

by having the Secretariat-General of the ministry responsible for the area of trade, with the

collaboration of the entities involved in the authorisation process, provide the necessary

legal support.

Article 16.

Expiry of the authorisation

1-A The permission granted shall lapse if, within three or four years from the date of

its issuance, not to check the commissioning, respectively, of the

establishment of trade or the commercial set to which the same respects.

2-In the case of commercial establishments entered into commercial assemblies a

authorization shall lapse on the date of the expiry of the authorization of the commercial set.

3-A exceptional title, COMAC may extend the permission granted until the

maximum of one year, when dealing with trade establishment, or up to the maximum

of two years, in the case of commercial set-up, on the basis of application of the

interested, duly reasoned and presented, with the minimum advance of

45 days of the date of the expiry of the permit, to the coordinating entity, which issues a

opinion on the same.

Article 17.

Subsequent amendments to the authorisation

1-The amendments that the applicant intends to introduce in the process between the date of issue

of the authorisation and the entry into operation of the establishment or assembly

commercial, likely to change the assumptions on which that was based and which say

respect, inter alia, to the increase in the area of sale or the leasable gross area, to the

typology or the exploitative entity if set group change, are

compulsorily communicated to the coordinating entity up to 45 days prior to the date

expected of entry into operation of the establishment or commercial assembly.

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2-Within three days counted from the date of its reception, the coordinating body

referred the request for change to the entities that have intervened in the authorisation process,

for effects of appreciation.

3-The entities referred to in the preceding paragraph shall draw up opinion within 10 days

counted from the date of receipt of the application.

4-A non-issuance of opinion within the time limit set in the preceding paragraph shall be considered as

assent.

5-A COMAC decides at the meeting following the date of receipt of the last of the opinions

referred to in paragraph 3 or the end of the period for the respective issue, which elapsed which, without

that the decision is made, if it considers that the request for amendment has been deposed.

CAPITCHAPTER III

Health

Article 18.

Communication of openness

1-Without prejudice to the obtaining of the alvshall of permission of use, provided for in the scheme

legal of urbanization and edification, the holder of the venture, up to 20 days before

of the opening of the establishment or commercial assembly, communicates such a fact to the entity

coordinator and the respective municipal chamber, accompanied by the term of

responsibility according to which the establishment or commercial assembly fulfils the

commitments that have substantiated the installation or modification authorization.

2-A The communication referred to in the preceding paragraph shall be considered for the purpose of the provisions of the

Decree-Law No. 259/2007 of July 17.

3-A communication is carried out through the model referred to in Article 3 (5).

Article 19.

Communication of the closure

The closure of the establishments and commercial assemblies covered by this

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decree-law should be communicated to the coordinating entity, up to 20 days after its

occurrence, through the model referred to in Article 3 (5).

Article 20.

Registration

1-A opening, the modifications and the closure of the establishments and sets

commercials covered by this decree-law are the subject of registration, carried out by the

DGAE, which is considered for the purposes of the provisions of the Decree-Law No. 462/99, of 5

of November and Article 6 of the Decree-Law No. 259/2007 of July 17.

2-The registration is carried out on the basis of the communications made under paragraph 4 of the

article 3 para. , n Article 18 (1) and artigo19.

Chapter IV

Requests for information, surveillance and sanctions

Article 21.

Provision of information

The DGAE, in the exercise of the competences conferred upon them by this decree-law,

may request the provision of information to companies and associations of companies, fixating,

for the purpose, the deadlines that they understand reasonable.

Article 22.

Surveillance

The monitoring of compliance with the provisions of this decree-law, including verification

regular compliance with the conditions and commitments made by the promoters,

that have conditioned the issuance of the authorization, competes with the Security Authority

Food and Economic (ASAE), without prejudice to the competences legally assigned to

other entities.

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Article 23.

Offences

1-Constituent counter-ordinances punishable by the following fines, when committed

by natural person:

a) From € 5000 a to € 25000, the installation or modification of an establishment or

commercial set without the legally required authorisation and the default of the

obligations that have substantiated the authorisation decision issued by COMAC;

b) From € 2500 a to € 12500, the lack of timely communication to the entity

coordinator of any subsequent changes to the issuance of the authorisation and

previous to the commissioning of the establishment or assembly

commercial, likely to change the assumptions of the authorization decision;

c) From € 500 a to € 2500, the lack of timely communication of the planned modifications

in Article 3 (4), the opening of the establishment or commercial assembly without

communicate in a timely manner to the coordinating body and the city hall

respective and the closure of the establishment or commercial assembly without

communicate in a timely manner to the coordinating entity;

d) From € 250 a to € 1250, the lack of sending information to DGAE by the companies or

associations of companies.

2-Constituent counter-ordinances punishable by the following fines, when committed

by legal person:

a) From € 100000 a to € 500000, the installation or modification of an establishment or

commercial set without the legally required authorisation and the default of the

obligations that have substantiated the authorisation decision issued by COMAC;

b) From € 30000 a to € 150000, the lack of timely communication to the entity

coordinator of any subsequent changes to the issuance of the authorisation and

previous to the commissioning of the establishment or assembly

commercial, likely to change the assumptions of the authorization decision;

c) From 5000 a to € 25000, to the lack of timely communication of modifications

provided for in Article 3 (4), the opening of the establishment or assembly

23

commercial without communicating in a timely manner to the coordinating body and the chamber

respective municipal and the closure of the establishment or assembly

commercial without communicating in a timely manner to the coordinating entity;

d) From 2500 a to € 15000, the lack of sending of information to the DGAE by the

companies or associations of companies.

3-A negligence is punishable, being the limits and maximums of the applicable fines reduced to

half.

4-A ASAE may request the collaboration of any other entities whenever the

judge necessary for the exercise of their duties.

5-A The instruction of counterordinance processes competes with ASAE.

6-A The application of the fines and ancillary penalties provided for in this Decree-Law shall compete with

Commission for the Application of Fines In Economic and Advertising Matters

(CACMEP).

7-The product of the fines applied under this Act reverses:

a) 60% for the State;

b) 30% for the ASAE;

c) 10% for CACMEP.

8-A CACMEP proceeds to payment, up to the day 10 of each month, through transfer

bank or cheque, to the entities referred to in points a) and b) of the previous number,

accompanied by the relationship of the processes to which they relate.

Article 24.

Ancillary sanction

In the case of counter-ordinances provided for in points a) and b) of paragraphs 1 and 2 of the preceding Article,

simultaneously with the fine, may be applied, for a period not exceeding 2 years, the

ancillary sanction provided for in paragraph f) of Article 21 (1) of the Decree-Law No 433/82, of

October 27, as amended by the Decree-Law No. 244/95, 14 of

September, by staying the restart of activity dependent on the granting of permission to be issued

by the competent entity pursuant to this decree-law.

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Article 25.

Fees

1-Acts relating to the authorisation of the installation and modification procedures of the

trade establishments and commercial assemblies, including extensions, are

subject to the payment of the respective fee, the amount of which varies in relation to the area of

sale or gross leasable area the subject of authorisation.

2-The rates referred to in the preceding paragraph are as follows:

a) The rate of authorisation of the applications for installation or modification of the

Retail outlets is € 30 per square metre area of

authorized sale;

b) In the case of integrated establishments in commercial assemblies, the amount of

rate referred to in the preceding paragraph is reduced by half;

c) The rate of authorisation of installation or modification of commercial sets is

from € 20 per square metre of authorized locable gross floor area, with a limit

maximum of € 1000000;

d) The fees for the modification processes of trading establishments

retail arising out of merger operations of companies subject to

prior notification, pursuant to the national competition law or

community, suffer a two-thirds reduction in relation to the values referred to

in the previous paragraphs;

e) The fees for the extension of the authorisations of installation or modification of

establishments or commercial assemblies are of:

i) € 300, for establishments;

ii) € 1500, for the commercial sets.

3-The revenue resulting from the collection of the authorization fees of the processes and the

extensions reverses in 1% in favour of the coordinating entity, 0.5% in favour of the

entity that issues the opinion provided for in Article 9 and the remainder in favour of the Fund of

Modernization of Trade, created by the Decree-Law No. 178/2004 of July 27,

changed by Decree-Law No. 143/2005 of August 26, as well as from the fund of

support for commercial entrepreneurs referred to in the Joint Order No. 324/2002, of

25

March 8, published in the Journal of the Republic , 2. th series, paragraph 94, of April 22, 2002,

without prejudice to the appropriations provided for in the same joint order.

4-A The settlement and collection of the fees are the coordinating entity's competence, which

proceeds to the payment, up to the day 10 of each month, through bank transfer or

check, to the remaining entities, accompanied by the relation of the processes to which they refer.

CHAPTER V

Final and transitional provisions

Article 26.

Application to Autonomous Regions

This decree-law applies to the Autonomous Regions of the Azores and Madeira, without

injury of the skills committed to services or bodies of the administration of the

State to be exercised by the corresponding services and bodies of the administrations

regional, with identical assignments and competences.

Article 27.

Pending processes

1-The processes relating to establishments and commercial assemblies which, by virtue of the

amendment of the scope of this decree-law, they cease to be covered

by the authorisation regime, are considered extinct.

2-The processes which, at the date of the entry into force of the present decree-law, do not have

still obtained the decision referred to in Article 17 of Law No 12/2004 of March 30, are

decided in accordance with the provisions of this decree-law, and the entity may

coordinator request the necessary elements for your assessment, according to the

new parameters and criteria of appreciation.

3-The present decree-law applies to requests for modification provided for in Article 21 of the

Law No. 12/2004 of March 30, as well as the extensions of authorisations,

referred to in its Article 20 para.

26

4-The provisions of this decree-law shall not apply to modifications of sets

commercial referred to in Article 3 (2), concerning which, at the date of entry into

vigour of this decree-law, the construction permit has already been issued, pursuant to the

legal regime of urbanization and edification.

Article 28.

Abrogation standard

1-It is repealed Law No. 12/2004 of March 30 and the Portaries n. ºs 518/2004, 519/2004

and No 520/2004, all of May 20, and No. 620/2004 of June 7;

2-A revocation provided for in the preceding paragraph shall be without prejudice to the remission operated by

legal diplomas in force for:

a) The definition of "large commercial surfaces", established in the a) of paragraph 1

of Article 2 of the Decree-Law No 258/92 of November 20;

b) The definition of "wholesale trade establishment" set out in the

a) of Article 3 of Law No 12/2004 of March 30.

3-For the purposes of subjecting the EIA procedure the remission operated by the letter b) from the

Paragraph 10 of Annex II to Decree-Law No 69/2000 of May 3, as amended

has been given by the Decree-Law No. 197/2005 of November 8 for the definition of

establishment of trade or commercial assembly, considers itself carried out for the

points f) and h) a l) of Article 4 of this Decree-law, without prejudice to the provisions of the

point ( b) of the previous number.

4-

Article 29.

Entry into force

This decree-law shall come into force 90 days after its publication.

Seen and approved in Council of Ministers of

The Prime Minister

27

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

28

ANNEX

Elements that must accompany the application for installation or modification of the

Retail establishments and commercial assemblies in accordance with the provision in paragraph 1

of Article 8 of this decree-law.

A-ELEMENTS APPLICABLE TO ESTABLISHMENTS.

When they are in cause retail establishments referred to in points a) and

b) of Article 2 (1) of this Decree-Law, applications for permission shall be

accompanied by the following elements:

I-GENERAL INFORMATION

a) Legitimacy for submission of the application:

Title of property, contract-promise or any other document quite, from

that results in or may come to result in the legitimacy of the applicant to build the

establishment in question or, should these already exist, to exploit them commercially;

b) Number and location of establishments fulfilling the requirements set out in the

Article 2 (1) of the present decree-law which, eventually, already detains, referring to the

respective years of opening up, areas of sale and number of employees;

c) Prior information of favourable location or document that replaces it in the terms

of the provided for in Article 5 of this Decree-read;

d) In the case of commercial establishments covered by the legal assessment scheme

of environmental impact, statement of favorable environmental impact or document that the

substitutes, in accordance with the provisions of Article 5 of this Decree-read;

II-CHARACTERICATION

Characteristics of the trade establishment:

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Location;

Name / insignia / assignation;

Typology of trade (food, not food-with indication of the respective

industry-or mixed) business;

Number of floors;

Area of sale / areas of storage, support services and offices;

Number of parking spaces and of charges and discharges provided and

respective areas;

Predictable deadline of construction and opening up to the public.

III-AREA OF INFLUENCE

a) Definition of the area of influence:

Identification, rationale and characterization of the area of influence to which the report is

application and presentation of the underlying methodology;

b) Description of the commercial diversity that occurs in the area of influence to which it reports

the request:

Number and characteristics of existing establishments and which are covered

by Article 2 (1) of this Decree-law, specifying, in particular, the

respective locations, specifying the freguesia, areas of sale, insignia, branches of

trade and methods of sale.

IV-APPRECIATION

a) Fulfillment of the parameters of appreciation:

Demonstration of the fulfilment of the parameters of appreciation referred to in paragraph 1 of the

article 10 of this decree-law, including filing of document of which

build on the commitments referred to in Article 10 (3) of the present

30

decree-lei;

b) For the purpose of the assessment provided for in the b) of Art. 10 (1) of the present

decree-law-services provided to the consumer-must indicate in a quantified manner and

discriminated:

i) What support services for people with disabilities and incapacities;

ii) Existence of customer discount card;

iii) Existence of delivery service to domicile, if applicable;

iv) Existence of assistance from support-sales, if applicable;

v) Existence of distance selling, if applicable;

vi) Adherence to the centre for arbitration of consumer conflicts.

c) For the purpose of the assessment provided for in the c) of Article 10 (1) of this Decree-

law-quality of employment and social responsibility-must indicate in form

quantified and discriminated:

i) Number of persons in the service;

ii) Number of workers employed by type of contractual bond and category

professional;

iii) Number of contracts concluded with persons with disabilities and incapacities;

iv) Existence of continuous training plan for all employees.

d) For the purpose of the assessment provided for in the d) of Art. 10 (1) of the present

decree-law-location of the establishment in the urban centre-must present

statement from the city hall indicating whether the establishment is situated in or out

of the urban centre as defined in the paragraph e) of Article 4 of this decree-law.

e) For the purpose of the assessment provided for in the e) of Art. 10 (1) of the present

decree-law-eco efficiency-must indicate in a discriminated manner:

i) Existence of energy certification as referred to in Annex XI of the

Decree-Law No 79/2006 of April 4;

ii) Adoption of measures for the improvement of environmental quality through the

use of recyclable and / or degradable materials, namely, in bags of

shopping and packaging, existence of packaging points and other

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reusable goods, pollutant products, etc;

iii) Existence of recycling of waste and what percentage.

Or in its replacement the existence of Environmental Certification as NP Standard

EN ISO 14001:2004

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B-ELEMENTS APPLICABLE TO COMMERCIAL ASSEMBLIES:

When they are in question commercial sets referred to in points c) and d) of paragraph 1 of the

Article 2 of this Decree-Law, applications for permission shall be accompanied by the

following elements:

I-GENERAL INFORMATION

a) Legitimacy for submission of the application:

Title of property, contract-promise or any other document quite, from

that results in or may come to result in the legitimacy of the applicant to build the

commercial set in question or, should this already exist, to exploit it commercially;

b) Number and location of commercial assemblies that fulfil the expected requirements

in Article 2 (1) of the present decree-law which, eventually, already detains, referring

the respective years of opening, locable gross areas, establishments that the

constitute, mix commercial and number of establishments in operation, number

of own workers and shops;

c) Prior information of favourable location or document that replaces it in the terms

of the provision in Article 5 of this decree-read;

d) In the case of commercial sets covered by the legal assessment scheme of

environmental impact, statement of favorable environmental impact or document that the

substitute, in the terms of the provision of Article 5 of this decree-law.

II-CHARACTERICATION

Characteristics of the commercial set:

Location;

33

Name / assignation;

Number of floors;

Locable gross area;

Areas of storage, support services and offices;

Number of parking spaces and of charges and discharges provided and

respective areas;

Number of trade establishments that integrate the trade set and

mix expected commercial;

Distribution of stores by groups of activities;

Number of estimated jobs from the stores and the CC;

Predictable deadline of construction and opening up to the public.

III-AREA OF INFLUENCE

a) Definition of the area of influence:

Identification and characterization of the area of influence to which the application is reported and

presentation of the underlying methodology;

b) Description of the commercial diversity that occurs in the area of influence to which it reports

the request:

Number and characteristics of the commercial assemblies that fulfil the requirements

provided for in Article 2 (1) of this Decree-Law, specifying,

specifically, the respective location, specifying the freguesia, and gross areas

locable;

IV-APPRECIATION

a) Fulfillment of the parameters of appreciation:

34

Demonstration of the fulfilment of the parameters of appreciation referred to in paragraph 1 of the

article 10 of this decree-law, including filing of document of which

build on the commitments referred to in Article 10 (3) of the present

decree-lei;

b) For the purpose of the assessment provided for in the a) of Art. 10 (1) of the present

decree-law-diversity of activities-must indicate in a quantified manner and

discriminated against the activities that define your mix;

c) For the purpose of the assessment provided for in the b) of Art. 10 (1) of the present

decree-law-services provided to the consumer-must indicate in a quantified manner and

discriminated:

i) What services are supporting the elderly and the person with disabilities and disability;

ii) Existence of childcare and monitoring services of children and what their

cost for the customer;

iii) Existence of parking and what its cost to the customer;

iv) Existence of a discount card for the customer;

v) Existence of purchase letter with single point of delivery of purchases;

vi) Adherence to the centre for arbitration of consumer conflicts.

d) For the purpose of the assessment provided for in the c) of Art. 10 (1) of the present

decree-law-social responsibility of the company-must indicate in a quantified manner and

discriminated:

i) Existence of leisure spaces and taking meals for the workers of the

establishments inserted in the commercial assembly;

ii) Existence of daycare for the children of the workers of the establishments

entered in the commercial set.

e) For the purpose of the assessment provided for in the d) of Art. 10 (1) of the present

decree-law-location of the commercial set in the urban centre-must present

statement from the city hall indicating whether the establishment is situated in or out

of the urban centre as defined in the paragraph e) of Article 4 of this decree-law.

f) For the purpose of the assessment provided for in the e) of Art. 10 (1) of the present

decree-law-eco efficiency-must indicate in a discriminated manner:

35

i) Existence of energy certification as referred to in Annex XI of the

Decree-Law No 79/2006 of April 4;

ii) Adoption of measures for the improvement of environmental quality through the

use of recyclable and / or degradable materials, namely, in bags of

shopping and packaging, existence of packaging points and other

reusable goods, pollutant products, etc;

iii) Existence of recycling of waste and what percentage.

Or in its replacement the existence of Environmental Certification as NP Standard

EN ISO 14001:2004.