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PROPOSED LAW NO. 228 /X

Exhibition of reasons

The safety control of dams, which has been carried out since the project phase and by the whole

life of the work, competes, pursuant to the provisions of the Decree-Law No. 344/2007, of 15 of

October, to the Institute of Water, I. P., in the quality of National Safety Authority of

Dams with generic competence in these subjects.

The safety of Portuguese dams takes on the most importance, due to the risk

associated with the existence of these hydraulic infrastructures which, in the event of a rupture, will be able

originate catastrophes of large dimensions.

It shall be understood as soon as the default by the labour owners of the duties

that are imposed on you by the Barrages Safety Regulation, pursuant to the cited

Decree-Law, has to be associated with a suitably deterrent penalty of the

practice of such offences, so as to minimise the possibility of risk for lives

human and the occurrence of material damage.

With the creation of counter-ordinations, provided for in Article 10 (8) of the said

Decree-Law, subject to moldings of minimum fines and more aggravated highs, adjudicates

be able to prevent with greater rigor and efficacy the occurrence of situations of extreme gravity

in dams and, consequently, avoid accidents related to structural aspects,

hydraulic-operational and environmental, thus contributing to ensuring the conditions of

safety of the dams built and to be built in Portugal.

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:

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Article 1.

Subject

This Law establishes the counterordinational regime of the Security Regulation of

Dams approved by Decree-Law No. 344/2007 of October 15, abridged

designated Regulation.

Article 2.

Counter-ordering

1-Constituent counterordinance punishable with fine of € 1,000 a € 5,000, in the case of person

singular, and of € 15,000 a to € 25,000, in the case of legal person:

a) Do not submit to the Authority the designation of the technical director of the work, on the terms

of the provisions of the paragraph a) of Article 10 (2) of the Regulation;

b) Do not communicate to the Authority the start date of the construction, as planned in the

point ( b) of Article 10 (2) of the Regulation;

c) The lack of submission to the National Laboratory of Civil Engineering (LNEC) of the data

referred to in paragraph g) of Article 10 (2) of the Regulation;

d) Not to organise or maintain up-to-date the technical book of the work, under the terms of the

provisions of the paragraph h) of Article 10 (2) of the Regulation;

e) Do not organise or keep up to date the technical file of the construction, in the

terms of the provisions of paragraph i) of Article 10 (2) of the Regulation;

f) Do not submit the approval of the Authority, at the end of the construction phase, the

operating rules of the dam and the designation of the technician responsible for the

operation, pursuant to the provisions of the paragraph j) of Article 10 (2) of the

Regulation;

g) Do not communicate the target date for the filling of the albufeira, as provided for in the

point ( n) of Article 10 (2) of the Regulation;

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h) Do not communicate the target date for the end of the construction, as provided for in the

o) of Article 10 (2) of the Regulation;

i) Do not report any changes to the filling plans, as planned in the

point ( b) of Article 10 (3) of the Regulation;

j) Do not communicate to the LNEC the evolution of the albufeira levels, as predicted in the

point ( e) of Article 10 (3) of the Regulation;

l) Do not keep up to date the technical book of the work, pursuant to the provisions of the paragraph

f) of Article 10 (3) of the Regulation;

m) Do not organize or keep up to date the technical file of the work, under the terms of the

provisions of the paragraph g) of Article 10 (3) of the Regulation;

n) Do not promote the revision of the dam operating rules, as planned in the

point ( h) of Article 10 (3) of the Regulation;

o) Do not communicate to the LNEC the evolution of the albufeira levels, as predicted in the

point ( d) of Article 10 (4) of the Regulation;

p) Do not keep up to date the technical book of the work, pursuant to the provisions of the paragraph

f) of Article 10 (4) of the Regulation;

q) Do not keep up to date the technical file of the work, pursuant to the provisions of the

point ( g) of Article 10 (4) of the Regulation;

r) Do not inform the civil protection services of the changes made, as

provided for in paragraph i) of Article 10 (4) of the Regulation;

s) Do not promote the adaptations of the observation plan, as set out in the

point ( j) of Article 10 (4) of the Regulation;

t) Do not send the elements of the technical file in accordance with Art. 30 (3)

of the Regulation;

u) Do not submit the opinion required in Article 31 (3) of the Regulation;

v) Do not submit the final report required in Article 31 (4) of the Regulation;

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x) Do not proceed to the automation of the data imposed by the Authority, as

set out in paragraph a) of Article 36 (2) of the Regulation;

z) The failure to carry out the operating duties of the said observation system

in the paragraph b) of Article 36 (2) of the Regulation;

aa) Do not draw up the reports in accordance with that provided for in Article 36 (3) of the

Regulation;

ab) The non-fulfilment of the representations provided for in points a) , b) and c) of the Article 2 (2)

37. of the Regulation, when a quick emptying of the labufair is provided for

class I and II dams;

ac) Do not draw up the remediation projects, pursuant to the provisions of paragraph 3 of the article

41. of the Regulation;

ad) Do not keep organized or updated the technical file of the work concerning the

operating, pursuant to the provisions of Article 42 of the Regulation;

ae) Failure to comply with the two-year period set out in Article 56 (2) of the

Regulation;

af) Failure to comply with the six-year period constant of the point c) of the Article 3 (3)

56. of the Regulation for Class III dams.

2-Constituent counterordinance punishable with fine of € 5,000 a € 25,000, in the case of

natural person, and from € 45,000 a to € 80,000, in the case of a legal person:

a) Failing to promote the execution of the works in accordance with the provisions of paragraph

b) of Article 10 (2) of the Regulation;

b) Do not communicate in good time to the LNEC the operations concerning the installation of the

observation system, as provided for in the paragraph d) of Article 10 (2) of the

Regulation;

c) The failure to comply with the observation plan provided for in the paragraph e) of the Article 2 (2)

10. of the Regulation;

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d) Do not constitute a file of data obtained by the observation system, in the

terms of the provisions of paragraph f) of Article 10 (2) of the Regulation;

e) Do not promote the elaboration of the first filling plan of the albufeira

as set out in paragraph l) of Article 10 (2) of the Regulation;

f) Do not communicate in good time to the Authority the target date for the start of the

padding of the albufeira as provided for in the letter m) of Article 10 (2) of the

Regulation;

g) The default of the first filler plan of the albufeira or the plan of

filler after prolonged emptying, pursuant to the provisions of the paragraph a)

of Article 10 (3) of the Regulation;

h) Do not keep up to date the file of the data obtained by the observation system,

as required in paragraph d) of paragraph 3 and (3) c) of Article 10 (4) of the

Regulation;

i) Carry out the holding of the dam in disregard of the operating rules, in the

terms of the provisions of paragraph a) of Article 10 (4) of the Regulation;

j) Do not communicate exceptional occurrences and anomalous circumstances and

respective measures, in the terms set out in the paragraph c) of Article 10 (3) of the

Regulation;

l) Failing to communicate to the Authority and the civil protection services occurrences

exceptional and anomalous circumstances and respective measures, and promote their

study, in the terms set out in paragraph b) of Article 10 (4) of the Regulation;

m) Perform dam changes or ampliations, as well as repair to medium or

long term, in accordance with projects that have not been submitted to

approval of the Authority, pursuant to the provisions of the paragraph e) of the Article 4 (4)

10. of the Regulation;

n) Do not keep up to date the internal emergency plan as per the provisions of the

point ( h) of Article 10 (4) and in Article 52 of the Regulation;

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o) Not to adapt the observation plan or to draw up the first-fill plan

in accordance with the provisions of Article 18 (3) of the Regulation;

p) Failing to adapt the observation plan in accordance with the one set out in Article 20 para.

of the Regulation;

q) Do not promote the updates of the observation plan in accordance with the

provisions of Article 21 (2) of the Regulation;

r) Carry out significant changes of the project without permission from the Authority, in the

terms of the provisions of Article 23 (2) of the Regulation;

s) Do not implement the internal emergency plan prior to the start of the filling

of the albufeira, pursuant to the provisions of Article 28 (3) of the Regulation;

t) Do not control structural, hydraulic-operational and environmental safety

as required in Article 36 (1) and in Articles 38 and 39 of the Regulation;

u) The abandonment and demolition of the structures of a dam without complying with the

provisions of Articles 43 and 44 of the Regulation;

v) Do not submit to the approval of the Authority the elements referred to in paragraph 1 of the

article 56 of the Regulation, pursuant to that same article;

x) The failure to meet the deadlines of two and four years provided for, respectively,

for Class I and II dams, pursuant to the provisions of Article 56 (3)

of the Regulation.

3-Constituent counterordinance punishable with fine of € 40,000 a € 100,000, in the case of

natural person, and from € 300,000 a to € 2,000,000, in the case of a legal person:

a) Failing to communicate to the Authority nor carry out the alert procedures to services

of civil protection, as set out in Article 48 (2) of the Regulation;

b) Do not actuate the warning system to the population under the terms provided for in paragraph 3 of the

article 48 of the Regulation.

4-A attempt and negligence are punishable, in that case reduced to half the

minimum and maximum limits of the fines referred to in this Article.

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Article 3.

Determination of the applicable penalty

1-A The determination of the measure of the fine is done in the light of the seriousness of the against-

ordering, of the fault of the agent, of its economic situation and the benefits obtained with

the practice of the fact.

2-In the determination of the applicable penalty are still taken into account the previous conduct and

posterior of the agent and the requirements for prevention.

3-Are still attentive to coaction, falsification, false statements, simulation or other

fraudulent means used by the agent, as well as the existence of concealment acts or

dissimulation aimed at hindering the discovery of the offence.

Article 4.

Ancillary sanctions

1-At the counter-ordinations provided for in Article 2 may, concurrently with the fine and

in the terms of the general law, the following ancillary sanctions apply:

a) Loss in favour of the State of the objects belonging to the agent and used in the

practice of the offence;

b) Interdiction of the exercise of waste management operation activities that

dependant on public title or authorization or approval of authority

public;

c) Deprivation of the right to subsidy or benefit bestowned by entities or services

public;

d) Deprivation of the right to participate in public tenders that have per object

the endeavor or the granting of public works, the supply of goods and

services, the granting of public services and the allocation of licences or alvargas;

e) Termination of installation or establishment subject to authorization or permit

of administrative authority;

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f) Suspension of permits, licences and alvargas.

2-The sanctions referred to in points b) a f) of the previous number have the maximum duration of

Two years, counted from the date of the respective definitive condemnatory decision.

Article 5.

Reposition of the previous situation and fulfillment of the missing duties

1-Without prejudice to the provisions of the previous article, the offender is obliged to remove the

causes of the offence and to reconstitute the situation that was due or prior to the practice of the

same.

2-Where the duty of reposition of the previous situation is not voluntarily

fulfilled, the competent entities for the audit act directly on account of

of the offender, being the expenses charged coercively through the forecasted process

for the tax runs.

3-The provisions of the preceding paragraphs shall be without prejudice to the fulfilment of the obligations

emerging from Decree-Law No. 147/2008 of July 29.

Article 6.

Instruction of processes and application of sanctions

The initiation, instruction and decision of the counterordinance processes as well as the

application of the fines and ancillary sanctions, competes with the National Security Authority of

Dams.

Article 7.

Product of the fines

The product of the fines provided for in this Law shall be affected as follows:

a) 60% for the State;

b) 40% for the National Barrages Safety Authority.

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Article 8.

Entry into force

This Law shall come into force on the day following that of its publication.

Seen and approved in Council of Ministers from 25 d September 2008

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs