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PROPOSED LAW NO. 293 /X/4.

Exhibition of Motives

Portugal is a country heavily dependent on imported energy resources-on values

that achieve about 85% of the primary energy, which is clearly higher than the average in the

European Union. Such a situation is of particular gravity, given that that

dependence is expressed almost in its entirety in fossil fuels.

The energy bill for imported fuels has been undergoing growth

significant, in so far as, in addition to following up with the increase in consumption, it is

dependent on exogenous factors, particularly those that cause the variations of the

prices of raw materials and foreign exchange rates in international markets. In addition,

the use of fossil fuels is one of the main causes of emissions for the

atmosphere of carbon dioxide, the most significant of the greenhouse gases. The

climate regime in preparation worldwide for the post-2012 period, surely

more demanding than the one that results from the Kyoto Protocol, as well as the

commitments already made in the framework of the European Union to which Portugal is

linked, force an urgent effort to promote the various forms of energy

renewable, being that water energy is a particularly important component

of this effort.

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Portugal has significant water potential that is not explored, being one of

countries of the European Union with greater potential in these conditions. The option for energy

water allows to reduce the energy dependence of the Country by increasing the harnessing of

an endogenous and renewable resource, in addition to enabling the diversification of the sources and the

reduction of the emission of greenhouse gases.

It was in this context that the Government approved the water public domain concessions for

the hydroelectric harnesses of Ribeiradio-Ermida and the Low Taste and, more

recently, the National Plan of Hydroelectric Potential High-Barrages

(PNBEPH), whose implementation regime appears in the Decree-Law No. 182/2008, of 4 of

September.

In the PNBEPH include, inter alia, the hydroelectric harnesses of Foz Tua,

on the River Tua, from Frigive, on the Tâmega River, from Padroselos, in the Bece / Tâmega rivers, of Gouvães,

in the rivers Torno / Tâmega, of Daivões, in the river Tâmega, of Vidago, on the river Tâmega, from

Almourol, in the Tejo river of Pinhosão, on the river Vouga, of Girabeyes, on the Mondego river and of

Alvito, on the Ocreza River.

For all that you have referred to, it is necessary for hydroelectric harnesses of

Ribeiradio-Ermida, the Low-flavor and those integrating PNBEPH are completed and

come into exploration with the greatest possible brevity, making a significant contribution

to meet the targets set by the Government and contributing, as well, to the necessary

stimulation of the economy.

Thus, it matters to make more Celeres and effective some procedures without prejudice,

naturally, of the rigour that projects of this complexity require. In this way, it is justified

an adequacy of the general regime of expropriations, so as to allow for a faster

implementation of the projects, in the strict respect for the rights of individuals ensuring their

right to compensation in the terms of law. These grounds justify, want recognition

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of the public utility, or the recognition of the urgent character of expropriations and

measures to be realized.

Thus:

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

following proposal for Law:

Article 1.

Subject

Is the Government authorized to approve a special scheme applicable to expropriations

necessary for the realization of the hydroelectric harnesses of the National Plan of

Dams of High Hydroelectric Potential (PNBEPH) to which the Decree-Law refers

n ° 182/2008 of September 4 and still of hydroelectric leavings of

Ribeiradio-Ermida, on the river Vouga, and the Low Flavor, on the river Sabor.

Article 2.

Sense and extension

The sense and extent of the legislation to be approved by the Government under the number

previous are the following:

a) Declare the public usefulness, as a matter of urgency, of the expropriations of the

real estate and rights to them necessary for the realization of each of the

hydroelectric leases referred to in the previous article at the time of

obtaining the necessary acts or contracts for the effective use of the goods of the

public domain of the State;

b) Enshrine public utility restrictions in real estate required by crossing

or occupancy by underground ducts and circulation paths arising from the

construction of the hydroelectric harnesses as well as the realization of

geological prospections, surveys and other necessary studies,

regardless of the achievement of the necessary acts or contracts to the actual

use of the goods from the public domain of the State, and is always guaranteed to

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corresponding compensation, in the general terms of law, and the possible reposition

of the previous situation, under the law;

c) Establish specific rules for the process of expropriations required to

execution of hydroelectric harnesses:

i) Dispensation from the initial application provided for in Article 12 of the Code of

Expropriations, without prejudice to the maintenance of the applicability of n. 3 of the

article 13 of the same Code;

ii) Possibility of identification by ministerial order, under proposal of the

entity responsible for the implementation of the utilisation

hydroelectric, of the immovable property covered by the utility statement

public referred to in para. a) ;

iii) Confer on the entity responsible for the implementation of the use

hydroelectric, after obtaining the necessary acts or contracts to the

effective use of the goods from the public domain of the State, without

dependence on other formalities, the administrative possession of the goods

referred to in paragraph a) , in the terms provided for in Articles 20 and following of the

Code of Expropriations;

d) Determine that the goods thus expropriated integrate the public domain of the

State, under the terms set out in the respective acts or contracts necessary for the actual

use of the goods from the public domain of the State.

Article 3.

Duration

The legislative authorization granted by this Law shall be for the duration of 60 days.

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Article 4.

Entry into force

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

Seen and approved in Council of Ministers of May 21, 2009

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

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Portugal is a country heavily dependent on imported energy resources-on values

that achieve about 85% of the primary energy, which is clearly higher than the average in the

European Union (EU). Such a situation is of particular gravity, given that

that dependence is expressed almost in its entirety in fossil fuels.

The energy bill for imported fuels has been undergoing growth

significant, in so far as, in addition to following up with the increase in consumption, it is

dependent on exogenous factors, particularly those that cause the variations of the

prices of raw materials and foreign exchange rates in international markets. In addition,

the use of fossil fuels is one of the main causes of emissions for the

atmosphere of carbon dioxide (CO2), the most significant of greenhouse gases

(GEE). The climate regime in preparation at world level for the post-2012 period,

surely more demanding that what results from the Kyoto Protocol, as well as the

commitments already made in the framework of the European Union to which Portugal is bound,

force an urgent effort to promote the various forms of renewable energy, being

that water energy is a particularly important component of that effort.

Portugal has significant water potential that is not explored, being one of

countries of the European Union with greater potential in these conditions. The option for energy

water allows to reduce the energy dependence of the Country by increasing the harnessing of

an endogenous and renewable resource, in addition to enabling the diversification of the sources and the

reduction of the emission of greenhouse gases.

It was in this context that the Government approved the water public domain concessions for

the hydroelectric harnesses of Ribeiradio-Ermida and the Low Taste and, more

recently, the National Plan of Hydroelectric Potential High-Barrages

(PNBEPH).

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In the PNBEPH include, inter alia, the hydroelectric harnesses of Foz Tua,

on the River Tua, from Frigive, on the Tâmega River, from Padroselos, in the Bece / Tâmega rivers, of Gouvães,

in the rivers Torno / Tâmega, of Daivões, in the river Tâmega, of Vidago, on the river Tâmega, from

Almourol, in the Tejo river of Pinhosão, on the river Vouga, of Girabeyes, on the Mondego river and of

Alvito, on the Ocreza River.

For all that you have referred to, it is necessary for hydroelectric harnesses of

Ribeiradio-Ermida, of the Low flavor and those that integrate the PNBEPH, are completed and

come into exploration with the greatest possible brevity, making a significant contribution

to meet the targets set by the Government and contributing, as well, to the necessary

stimulation of the economy.

Thus, it matters to make more Celeres and effective some procedures without prejudice,

naturally, of the rigour that projects of this complexity require. In this way, it is justified

an adequacy of the general regime of expropriations, so as to allow for a faster

implementation of the projects, in the strict respect for the rights of individuals ensuring their

right to compensation in the terms of law. These grounds justify, want recognition

of the public utility, or the recognition of the urgent character of expropriations and

measures to be realized.

Thus:

In the use of the legislative authorization granted by the Act [], and in the terms of points (a) and (b) of the

n Article 198 (1) of the Constitution, the Government decrees the following:

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Article 1.

Subject

The present decree-law establishes the special arrangements applicable to the expropriations required to

realization of the hydroelectric harnesses of the National Plan of Drawn Barages

Hydroelectric Potential (PNBEPH) and still of hydroelectric leavements of

Ribeiradio-Ermida, on the river Vouga, and the Low Flavoring, on the river Sabor

Article 2.

Public usefulness and urgency of expropriations

1-It is considered to be declared the public utility, as a matter of urgency, at the time of

obtaining the necessary acts or contracts for the effective use of the goods of the field

public of the State, the expropriations of the real estate and inherent rights necessary to the

realization of the hydroelectric leavings covered by the scheme of

implementation of the National Plan of Hydroelectric Potential High-Barrages

provided for in the Decree-Law No. 182/2008 of September 4, and still of the leavings

Ribeiradio-Ermida hydroelectric in the river Vouga, and the Low flavor, on the river Sabor.

2-Compete to the entity responsible for the implementation of each harnessing

hydroelectric, without prejudice to the government's own competences, promote and

to develop the representations inherent in the procedure of expropriations in

compliance with this diploma and with the Code of Expropriations, in the Party

applicable, being responsible for the deposit of the amount or surety referred to in the article

20. of the Code of Expropriations and for the respective fair compensation.

3-The expropriated goods under the present decree-law integrate the public domain of the

State, under the terms set out in the respective acts or contracts necessary for the actual

use of the goods from the public domain of the State.

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Article 3.

Procedure

1-Compete to the Minister responsible for planning of the territory to determine by

dispatch, on a proposal from the entity responsible for the implementation of the

hydroelectric harness, the immovable property covered by the utility statement

public referred to in paragraph 1 of the previous article, doing so without dependence on the

initial application provided for in Article 12 of the Code of Expropriations and of the

formalities to it concerning, without prejudice to the maintenance of the applicability of the n. 3 of the

article 13 of the same Code.

2-A concretization of the declaration of public utility of the goods to which the number

previous may consist of the plant approval of the site of the situation of these goods to

expropriate containing the precise delimitation of the respective limits and which mentions

graphically the scale used, or in the approval of the map that mentions the areas, the

owners and too much interested and, where possible, the predial description and

matricial enrollment.

3-The dispatching referred to in paragraph 1 is published in the 2 th series of the Journal of the Republic ,

accompanied by the approved plant or the map of areas and list of owners and

too much interested, and the publication should mention the places where these elements

can be consulted.

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Article 4.

Administrative possession

With the publication of the ministerial order referred to in paragraph 1 of the previous article which

determines the real estate covered by the declaration of public utility, is conferred on the

entity responsible for the implementation of hydroelectric harnessing the possession

immediate administrative of the goods to be expropriated under the terms provided for in Articles 20 and

following of the Code of Expropriations.

Article 5.

Warranty and content of claims

The expropriations provided for in this diploma confer on the expropriates the right to

receive the payment of a fair compensation, in accordance with the criteria and

procedures provided for in the Code of Expropriations, specifically as to the forms

of payment, the guarantees of payment, the payment of the respective interest and allocation

of that value to those interested.

Article 6.

Crossing and occupation of private buildings

1-It is guaranteed to the entities responsible for the implementation of the profiteers

Hydroelectric referred to in Article 1, irrespective of the obtaining of the acts

or contracts necessary for the effective use of the goods of the public domain of the State,

the right to cross or occupy private buildings, according to the relevant

studies and projects with underground conducts or necessary movement paths

or taxes by the realization of hydroelectric harnessing.

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2-It is still guaranteed to the entities referred to in the preceding paragraph, the right to be held

geological prospections, surveys and other necessary studies in private buildings

necessary for the design and execution of hydroelectric harnessing, existing the

duty to reposition the initial conditions of the building.

3-The owners affected by the measures provided for in the preceding paragraphs are due

compensation for the burden constituted, when they result in a decrease in the value or the

income from the property or reduction of your area, indemnifying those interested

in the general terms of law, in accordance with the rules laid down in the Code of

Civil Process.

Article 7.

National Agricultural Reserve, National Ecological Reserve and cultural heritage

1-Are considered actions of relevant public interest, pursuant to Article 1 (1)

21. of the Decree-Law No. 166/2008 of August 22, and of Article 25 (1) of the

Decree-Law No. 73/2009 of March 31, the actions strictly necessary to

implementation of hydroelectric harnessing, relating to hydraulic works, routes of

communication and accesses, construction of buildings, canals, landfills and excavations, which if

develop in areas included in the National Ecological Reserve or which entail the

use of integrated soils in the National Agricultural Reserve (RAN).

2-The actions referred to in the preceding paragraph shall be compulsorily communicated,

respectively, to the regional coordination and development commission (CCDR) or to the

regional RAN entity.

3-Stay subject to prior communication, pursuant to Article 22 of the Decree Law n.

166/2008, of August 22, and of the Portaries n. ºs 1247/2008 of November 4, and

1356/2008, of November 28, the prospecting and polling actions required by

design of hydroelectric harnessing, which can start by the deadline of 15

days after the submission of prior communication.

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4-Without prejudice to the provisions of the preceding paragraph, the CCDR, within 15 days after the

presentation of prior communication, may establish restrictions, conditioners or

measures to minimise the shares of prospection and surveys concerned, notifying,

for the purpose, the entity responsible for the implementation of the harnessing

hydroelectric.

5-A violation of the terms and conditions set out in the CCDR notification, referred to in the

previous number, or the realization of the prospecting and polling actions without having

been presented with prior communication, constitute environmental counterordinance very much

serious, pursuant to Law No. 50/2006, of August 29.

6-It shall apply to the actions referred to in paragraphs 2 and 3, the provisions of Article 36, in paragraphs 5 a to 8 of the

article 37 and in Articles 38 and 39 of the Decree-Law No 166/2008 of August 22,

whenever they are in question areas included in the National Ecological Reserve.

7-Under the terms of Law No. 107/2001 of September 8, the Institute of Management

of the Architectural and Archaeological Heritage, I. P., may, within 15 days after the

presentation of the prior communication provided for in Article 40 of Law No 107/2001 of 8

of September,, establish restrictions, conditioners or measures of minimization to

prospecting and polling actions in question, notifying to the effect the entity

responsible for the implementation of hydroelectric harnessing.

Article 8.

Surveillance

The surveillance of this decree-law shall compete with the CCDR, the region administrations

hydrographic, the regional directions of agriculture and fisheries and the municipalities, as well as the

other competent entities on the grounds of the matter or area of jurisdiction.

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Article 9.

Subsidiary regime

The expropriations provided for in this Decree-Law shall be carried out in accordance with the Code of

Expropriations in everything that is not found to be disposed of in this decree-law.

Article 10.

Application in time

The present decree-law shall lapse, in respect of each of the profiteers

hydroelectric referred to in Article 1, with the respective entry into operation or,

when it is the case, with the act of declaration of the end of the respective procedure of

implementation.

Article 11.

Entry into force

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

Seen and approved in Council of Ministers of

The Prime Minister

The Minister of State and Finance

The Minister of Justice

The Minister of the Environment, Territory Planning and Regional Development

The Minister of Economy and Innovation

The Minister of Agriculture, Rural Development and Fisheries