The First Amendment To Law No. 50/2006, Of 29 August, Which Establishes The Regime Applicable To Environmental Offences

Original Language Title: Procede à primeira alteração à Lei n.º 50/2006, de 29 de Agosto, que estabelece o regime aplicável às contra-ordenações ambientais

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624449334d7931594c6d527659773d3d&fich=ppl273-X.doc&Inline=false

DRAFT law No. 273/X explanatory statement Considering the examples of General schemes of contravention implemented sectoral, whose contribution to the decrease of offences committed through its deterrent effect has proved to be successful, by law No. 50/2006, of 29 August, was approved the law framework of environmental offences, which has contributed to the increasing awareness of citizens and economic operators for environmental issues. With the approval of the law framework of environmental offences, was established a classification of environmental offences in light, serious and very serious, according to the rights and interests infringed and the impact of the infringement committed, establishing the article 22 of the Act, in its paragraphs 2 to 4, the minimum and maximum amounts of the different types of environmental offences. After more than two years of validity of law No. 50/2006, of 29 August, your application has revealed that some of the limits of fines laid down are misfits of the socio-economic reality, with emphasis on the lower limits whose revision is justified in most cases to increase the intervals to determine the extent of the fines to be applied and consequently to promote greater consideration of the economic situation and of the benefit obtained by the offenders. Indeed, the prediction of minimum applicable interchangeably to natural or legal persons regardless of their size has raised Commission and embarrassment in the administrative and judicial authorities in the definition of the value of the fine to be applied when infringers are natural or legal persons of small or medium-sized, for they consider that the application of the fine could compromise their economic livelihood , the current climate situation only came to accentuate.

2 So, continue to be observed the principles of prevention and accountability of the officers responsible for the injury of human and natural environmental components, in accordance with the law of the environment, visa, with this legislative initiative, check out the arrangements applicable to environmental offences be more adjusted to the Portuguese economic framework, without changing the result any reduction in the deterrent effect resulting from the existence of a specific regime of environmental offences , whose predicted values continue to be much higher than the amounts provided for in the general scheme of the contravention. In this context, it is proposed to reduce the large majority of the values of the fines, with emphasis on the minimum limits currently set out in law No. 50/2006, of 29 August, which, as noted, aims to adjust the frame of fines applicable to national economic reality without represents the Elimination of criminality of violating the legal and regulatory provisions regarding the environment In addition to promoting a reduction of the judicial backlog, by reducing the number of indirect appeals made in contra-ordenacionais processes in place, because, at present, there is a widespread preference for judicial review of the condemnatory decisions, rather than the voluntary payment of a fine imposed as a way to defer in time payment due. In addition, a provision is added establishing the possibility of the offender who is not a recidivist and that immediately recognizes the infringement committed, ceasing the unlawful conduct which led to the application of the fine, to be able to obtain a reduction of the fine applicable. Thus, the aim is that the primary offender that recognizes have practiced the against-provide sorting to remove the causes of the breach on its own initiative, demonstrating with this conduct of course repentance which leads to a special mitigation of the fine.

Finally, given that the experience gained in the application of law No. 50/2006, of 29 August, showed the need for some adjustments and clarifications to the procedural arrangements are made other modifications, of which we highlight the following:-3 amendment to article 2, justified by the need to clarify and standardize the procedural arrangements in situations where for reasons of unitary proceedings, administrative offences which are not expressly qualified as environmental offences, but that outside environmental components, have to follow the procedural regime set out in law No. 50/2006, of 29 August, as the notifications, time-limits for pronunciation of the defendants, among other aspects, thereby avoiding the adoption of differentiated processing schemes.
-Amendments to articles 8 and 11, in order to clarify, by means of legal consecration expressed, the administrative responsibility of legal persons. Must be triggered the consultations with government organs of the autonomous regions So: 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 amendment to law No. 50/2006, of 29 August articles 2, 8, 11, 22, 25, 30, 31, 44 , 49, 54, 63, 67 and 73 of Act No. 50/2006, of 29 August, are replaced by the following: ' article 2 [...] 1-The environmental offences are governed by the provisions of this law and, in the alternative, by the general scheme of the contravention. 2-the arrangements laid down in this law shall also apply to the processing of cases concerning administrative offences which, integrating 4 environmental components, not expressly classified as referred to in article 77, except as listed in special schemes. 3-for the purposes of the preceding paragraph shall be deemed to be special arrangements for national agricultural reserve and forest resources, plant, agricultural, hunting, fisheries and aquaculture of inland waters. Article 8 [...] 1-fines may be applied to legal persons, public or private, regardless of the regularity of its Constitution, as well as to companies and associations without legal personality. 2 - […]. 3 - […]. 4-the responsibility referred to in paragraph 2 is deleted if the legal person prove that fulfilled all the duties don't swindle, nevertheless, to prevent the practice of infringement on the part of their employees or agents without powers of representation.

Article 11 [...] If the agent is a legal person or equivalent, are responsible for payment of the fine, jointly and severally with this, the respective holders of maximum organ of the public authorities, partners, directors or managers. Article 22 [...] 1-[...]. 5 2-light offences correspond the following fines: a) If committed by natural persons, € 200 to € 1000 in case of negligence and from € 400 to € 2 000 in case of fraud; b) If committed by a legal person, € 3 000 to € 13 000 in case of negligence and of € 6,000 to € 22 500 in case of fraud. 3-To serious offences correspond the following fines: a) If committed by natural persons, € 2 000 to € 10 000 in case of negligence and of € 6 000 € 20 000 in the event of wilful misconduct; b) If committed by a legal person, € 15 000 to € 30 000 in case of negligence and of € 30,000 to € 48 000 in case of fraud. 4-The very serious offences correspond to the following fines: a) If committed by natural persons, from € 20 000 to € 30 000 in case of negligence and of € 30 000 37 500 € in case of fraud; b) If committed by a legal person, € 38 500 € 70 000 in case of negligence and of € 200 000 € 2 500 000 in case of fraud.

Article 25 [...] 1-Constitutes an administrative offence take the breach of orders or legitimate administrative authority warrants transmitted in writing to their recipients. 2-Verified non-compliance referred to in the preceding paragraph, the administrative authority notifies the recipient to fulfill the order or warrant and if that still does not fulfill the corresponding fine shall apply to serious offences, provided that the notification of the administrative authority contains the express indication that the failure to apply this penalty. 6 3 - […]. Article 30 [...] 1-[...]:) [...]; b) […]; c) […]; d) […]; e) […]; f) […]; g) […]; h) […]; i) […]; j) […]; l) […]; m) seizure of animals. 2 - […]. 3 - […]. 4 - […]. 5 - […]. 6-in case it applied the sanction referred to in paragraph m) of paragraph 1, the administrative authority shall immediately notify the licensor of its activity, in order for this to run. Article 31 7 [...] 1-[...]. 2 - […]. 3 - […]. 4 - […]. 5 - […]. 6 - […]. 7 - […]. 8 - […].


9-the sanction referred to in paragraph m) of paragraph 1 of the preceding article may only be enacted when animals subject to seizure served or were destined to serve for an administrative offense. Article 44 [...] 1-[...]. 2 - […]. 3-for the purposes of the preceding paragraph, the defendant, whenever call witnesses, will provide all the elements necessary for your notification, in particular indicate the address and the postal code for each one of them. 4 - […]. Article 49 [...] 1-auto news, after confirmed by the administrative authority and 8 before the final decision is taken, the offender shall be notified jointly with all the elements necessary for it to meet all of the relevant aspects to the decision, in the matters of fact and law, to within 15 working days, decide in writing about what you offer for convenient. 2 - […]. 3 - […].

Article 54 [...] 1-for light and serious offences, as well as against very serious offences committed with negligence, the defendant may proceed to the voluntary payment of the fine, except in cases where there is no cessation of the unlawful activity. 2 - […]. 3 - […]. 4-the voluntary payment of the fine is equivalent to conviction for recidivism purposes, without excluding the possibility of applying additional sanctions. 5 - […]. Article 63 [...] 1-the national registry for the registration and treatment of the main and accessory penalties, as well as the protective measures applied in a misdemeanour procedure and judicial decisions related to those processes, after final decision or transit. 9 2 - […]. 3 - […]. Article 67 [...] 1-[...]. 2-for issuing certificate of environmental record is due in accordance with the rate set by Ordinance and the amount of which is fixed by order of the Minister responsible for the environment. Article 73 [...] 1-regardless of the stage at which has become final or the judgment we pass judgment, the proceeds of fines imposed as a result of a misdemeanour procedures handled under this scheme, as well as in the cases referred to in articles 49-54, and is distributed as follows: a) [...]; b) […] ; c) […] ; d) […]. 2 - […].» Article 2 Amendment to law No. 50/2006, of 29 August articles are added 49-and 52-to the law No. 50/2006, of 29 August, to be replaced by the following: ' article 49-10 1 fine reduction-within 15 working days after notification pursuant to paragraph 1 of the preceding article , the accused may request the payment of the fine on the light and serious offences, being the same reduced by 25% of the minimum legal amount.

2-the reduction of the fine provided for in paragraph 1 may only take place if the accused: a), request demonstrate Cumulatively have ceased the unlawful conduct, by action or omission, subject of a misdemeanour or contravention whose practice was imputed; b) is not a repeat offender. 3-for the purposes of paragraph 1, shall be considered as minimum amount of the fine established in cases of negligence. 4-payment of the fine pursuant to this article is tantamount to conviction for recidivism purposes, without excluding the possibility of applying additional sanctions. 5-the fine must be paid in 10 working days after the payment notification, under penalty of the respective administrative procedure continue its legal. 6-the presentation of the request pursuant to paragraph 1 does not suspend the time limit referred to in paragraph 1 of the preceding article. Article 52-the Estoppel from challenging the payment of the fine after the notification of the administrative decision that applied the right to preclude judicial review regarding the same.» Article 3 Republication is republished, in the annex to this law, which is an integral part, the law No. 50/2006, of 11 29 August, with the current wording.

Article 4 set Standard is revoked article 72 of Act No. 50/2006, of 29 August.

Seen and approved by the Council of Ministers of April 30 2009 the Prime Minister the Minister of Parliamentary Affairs Minister Presidency 12 ANNEX Republication of law No. 50/2006, of 29 August PART I of an administrative offence and the fine TITLE I of article 1 Scope 1 environmental infraction-this law lays down the arrangements applicable to environmental offenses. 2-Is the whole environmental infraction that illicit and objectionable that fill a type corresponding to the violation of legal and regulatory provisions regarding the environment that must allocate rights or impose duties, for which a fine comine. 3-for the purposes of the preceding paragraph, environmental laws and regulations all that relates to human and natural environmental components as listed in the framework law on the environment. Article 2 1 Scheme-The environmental offences are governed by the provisions of this law and, in the alternative, by the general scheme of the contravention. 2-the arrangements laid down in this law shall also apply to the processing of cases concerning administrative offences which, integrating environmental components, not expressly classified as referred to in article 77, except as listed in special schemes.

3-for the purposes of the preceding paragraph shall be deemed to be special arrangements for 13 national agricultural reserve and forest plant genetic resources, agriculture, fisheries and aquaculture, hunting of inland waters. Article 3 principle of legality is only punished as environmental infraction the fact described and declared punishable by fine by law prior to the time of its practice. Article 4 Application in time 1-the punishment of environmental infraction is determined by the law in force at the time of practice of fact or filling of the assumptions that depends on. 2-If the law in force at the time of the practice that is subsequently modified, the law more favourable to the defendant, unless this has already been convicted by a final decision or final. 3-When the real law for a certain period of time, continues to be punishable as a misdemeanour the environmental fact practiced during this period. Article 5 Application in space Saved Treaty or International Convention to the contrary, this decree-law applies to the facts charged: a) In Portuguese territory, regardless of the nationality or the headquarters of the agent; b) in aircraft, trains and Portuguese ships.

Article 6 Point of fact 14 the fact shall be deemed to practised at the time the agent acted or, in the case of omission, should have acted, regardless of the time the typical result has produced. Article 7 Place the practice of the fact shall be deemed to have been practiced in the place where, in whole or in part and in any form of reimbursement, the agent acted or, in the case of omission, should have acted, as well as that in the typical result has produced.

Article 8 responsibility for breaches 1-fines may be applied to legal persons, irrespective of the regularity of its Constitution, as well as to companies and associations without legal personality. 2-collective persons and entities that are considered in the preceding paragraph are responsible for administrative offences provided for in this decree-law when the facts have been practiced, in the exercise of their activity, on their behalf or for their account, by the holders of their social organs, agents, representatives or employees.

3-the members of the Board of Directors of legal persons and similar entities, as well as those responsible for the management or monitoring of areas of activity in which it is practiced any administrative offense, incur the penalty provided for the author, especially toned, when, knowing or should know the practice of infringement, not to adopt appropriate measures to put an end immediately, unless more severe sanction they fit under another legal provision. 15 4-responsibility referred to in paragraph 2 is deleted if the legal person prove that fulfilled all the duties don't swindle, nevertheless, to prevent the practice of infringement on the part of their employees or agents without powers of representation. Article 9 1 Punishable by intent and negligence-The Contraventions are punishable as wilful misconduct or negligence. 2-the negligence in environmental offenses is always punishable. 3-the error about elements of type on the prohibition or on a State of affairs that exists, would remove the unlawfulness of the fact or the agent deletes the intent.

Article 10 of the Punishable attempt attempt is punishable offences classified as serious in and very serious, and the minimum and maximum limits of the respective fines reduced to half.


Article 11 joint and several liability If the agent is a legal person or equivalent, are responsible for payment of the fine, jointly and severally with this, the respective holders of maximum organ of the public authorities, partners, directors or managers. Article 12 error about the unlawfulness 16 1-Acts without guilt who acts without awareness of the unlawfulness of the fact that, if the error it is not objectionable. 2-If the error is objectionable, the fine can be specially mitigated. Article 13 Could on grounds of age for the purposes of this law, shall be deemed inimputáveis children under 16 years. Article 14 Could in reason of psychic anomaly 1-is no-brainer who, by virtue of a psychic anomaly, is unable, in the time of practice of fact to assess the unlawfulness of this or if determined in accordance with that assessment. 2-Can be declared incompetent to stand trial who, by virtue of a serious non-accidental psychic anomaly and whose effects dominate, without can be censored, has, at the time of that practice, the ability to evaluate the unlawfulness of this or to determine in accordance with this evaluation substantially decreased. 3-the imputability is not deleted when the psychic anomaly has been caused by the agent with intent to practice.

Article 15 Authorship is punishable as an author who run that, by himself or through others, or take a direct part in its execution, by agreement or together with another or others, and yet who, intentionally, determine another person to practice the fact that, since there is no implementation or beginning of execution. Article 16 17 1-Complicity is punishable as an accomplice who, intentionally and in any form, material or moral assistance to the practice by others of a fact in the first degree. 2-is applicable to accomplice the penalty fixed for the author, especially toned down. Article 17 1 Contribution-If several comparticiparam agents in fact any of them incurs liability for environmental infraction even though the wrongfulness or the degree of unlawfulness of fact rely on certain qualities or special agent relations and these only exist in one of the comparticipantes. 2-Each comparticipante is punished according to his fault, regardless of the punishment or the degree of guilt of the other comparticipantes.



TITLE II of the right of access and of article 18 administrative embargoes access 1-administrative authorities in the exercise of its functions, supervisory or inspectivas surveillance is provided free entry in the establishments and places where they engaged in the activities to be inspected. 2-responsible for the spaces referred to in the preceding paragraph are required to provide the entry and permanence to the authorities referred to in the preceding paragraph and to introduce the documentation, books, records and any other elements required to them, as well as to provide them with the information requested. 18 3-In case of refusal or obstruction of inspection, supervision or surveillance may be requested the collaboration of the police forces to remove such obstruction and ensure security and inspection instruments. 4-the provisions of this article shall apply to other spaces allocated to pursue activities inspected, including motor vehicles, aircraft, trains and ships. Article 19 administrative Embargoes 1-administrative authorities in the exercise of its powers of surveillance, monitoring or inspection may determine, within their geographical area of action, the ban of any buildings in occupancy areas prohibited or conditioned in protected areas established by law or in contravention of the law, regulations or the conditions of the permit or authorization.

2-the administrative authorities may, for the purposes of the previous article, consult fully and unreservedly with the municipalities, the processes relating to the buildings concerned, as well as their own request copies that must urgently be made available for those. TITLE III of the fines and additional sanctions chapter I of the applicable sanction Sanction applicable article 20 1-the determination of the fine and penalties is done depending on the seriousness of the alleged infringement, the agent's fault, their economic situation and of the benefits derived from the practice of. 19 2-in determining the applicable sanction is taken into account previous and subsequent conduct of the agent and the requirements of prevention. 3-Are still cogent coercion, counterfeiting, false declarations, simulation or other fraudulent means used by the agent, as well as the existence of acts of concealment or dissimulation in order to impede the discovery of the offence. CHAPTER II Fines article 21 classification of misdemeanors For determination of the fine applicable and having regard to the relevance of rights and interests violated, the Contraventions are classified in light, serious and very serious. Article 22 Amounts of fines 1-every step of their own (boraginales) severity of environmental offences corresponds a fine varies according to be applied to a natural or legal person and according to the degree of fault, except as provided in the following article. 2-light offences correspond the following fines: a) If committed by natural persons, € 200 to € 1000 in case of negligence and from € 400 to € 2 000 in case of fraud; b) If committed by a legal person, € 3 000 to € 13 000 in case of negligence and of € 6,000 to € 22 500 in case of fraud. 3-To serious offences correspond the following fines: a) If committed by natural persons, € 2 000 to € 10 000 in case of negligence and of € 6 000 € 20 000 in the event of wilful misconduct; b) If committed by a legal person, € 15 000 to € 30 000 in case of negligence and of € 30,000 to € 48 000 in case of fraud. 20 4-To very serious offences correspond to the following fines: a) If committed by natural persons, from € 20 000 to € 30 000 in case of negligence and of € 30 000 37 500 € in case of fraud; b) If committed by a legal person, € 38 500 € 70 000 in case of negligence and of € 200 000 € 2 500 000 in case of fraud.



Article 23 special Criteria to measure the fine fine frame in very serious offences laid down in (a)) and (b)) of paragraph 4 of article 22 is raised to double in their minimum and maximum limits when the presence or issuance of one or more dangerous substances affect severely the health, the safety of persons and goods and the environment. Article 24 fulfilment of omitted obligations where the environmental infraction consists of the omission of a duty, the payment of the fine does not relieve the offender compliance, if this is still possible. Article 25 administrative authority Orders 1-Constitutes an administrative offence take the breach of orders or legitimate administrative authority warrants transmitted in writing to their recipients. 2-Verified non-compliance referred to in the preceding paragraph, the administrative authority notifies the recipient to fulfill the order or warrant and if that still does not fulfill the corresponding fine shall apply to serious offences, 21 since the notification of the administrative authority contains the express indication that the failure to apply this penalty. 3-documents, including maps, transport guides, reports and bulletins that the officer or the defendant is obliged to send by law or the request of the administrative authority, are considered for all legal purposes, as not sent when omit data or are sent incorrectly.

Article 26 Recidivism 1-is punished as a repeat offender who committed a very serious infringement or a serious offence committed intentionally, after having been convicted of any other offence. 2-is also punished as a repeat offender who commits any offence after having been convicted of a serious offence or a serious offence committed intentionally. 3-the offence for which the agent has been convicted is not for the purposes of recidivism between the two offences has elapsed the limitation period of the first. 4-In case of recidivism, the minimum and maximum limits of the fine are high in a third of their value. Article 27 administrative offences 1 contest-Who has practiced several environmental offences is punishable by a fine whose upper limit is the result of the sum of the fines specifically applied to infringements in contest. 2-the fine may not exceed twice the highest ceiling of administrative offences in contest. 22 3-the fine to be applied cannot be lower than the highest fines specifically applied to various contraventions.


Article 28 1 offences contest-If the same fact constitute at the same time crime and misdemeanor, defendant is liable for both offences, establishing, to that end, different processes to be decided by the competent authorities, without prejudice to the provisions laid down in the following paragraphs. 2-the administrative decision to apply a fine shall lapse when the accused will be convicted in criminal proceedings for the same fact. 3-Being the accused punished the crime title, can still apply the penalties laid down for their offense. CHAPTER III penalties article 29 Procedure the law may, simultaneously with the fine, determine, in relation to serious infringements and very serious, the application of penalties laid down in the following articles and the general scheme of the contravention. Article 30 penalties 1-the practice of serious and very serious environmental offences can be applied to the offender the following ancillary penalties: 23 a) seizure and confiscation in favour of the State of the objects belonging to the defendant, used or produced at the time of the offence; b) Prohibition of the exercise of professions or activities whose exercise depends on title or public authorization or approval of a public authority; c) ineligibility to benefits or subsidies granted by entities or public national or community services; d) Deprivation of the right to participate in conferences, fairs or national or international markets to trade or give publicity to their products or their activities; e) deprivation of right to participate in arrematações or tenders which have as their object the enterprise or public works concession, the acquisition of goods and services, the provision of public services and the granting of licences or permits; f) Closure of establishment whose operation is subject to authorisation or license of administrative authority; g) termination or suspension of licences, permits or authorizations related to the exercise of their activity; h) loss of tax benefits, benefits of credit and financing lines of credit that there is effective; I) Sealing of equipment intended for processing; j) Imposition of measures deemed appropriate for the prevention of environmental damage, the situation before the infringement replacement and to minimize the effects of the same; l) Advertising of conviction; m) seizure of animals. 24 2-in the case of being applied the sanction provided for in (c)) and h) of the preceding paragraph, the administrative authority shall communicate immediately to the entity that assigns the benefit or allowance in view of the suspension of the remaining portions of the same. 3-in the case of the receipt by the offender of all or part of the benefit or allowance may be ordered to return it. 4-The sanctions referred to in paragraph 1 (b)) j) of paragraph 1 have a maximum duration of three years, counting from the date of final judgment. 5-When there is obstruction of the implementation of the measures provided for in points (a) to (f)), i) and j) of paragraph 1 of this article, may also be sought from competent authorities notification of distributors of electrical energy to discontinue the supply of this. 6-in case it applied the sanction referred to in paragraph m) of paragraph 1, the administrative authority shall immediately notify the licensor of its activity, in order for this to run. Article 31 assumptions of application of penalties 1-the sanction referred to in subparagraph (a)) of paragraph 1 of the preceding article may only be enacted when the objects have served or were destined to serve for a counter ordering or for this were produced. 2-the sanction provided for in subparagraph (b)) of paragraph 1 of the preceding article may only be ordered if the defendant practiced a misdemeanour in the Act and serious abuse of the function that performs or with manifest and serious violation of the duties inherent.

3-the sanction provided for in subparagraph (c)) paragraph 1 of the preceding article may only be enacted when the offense has been committed in the exercise or because the activity in favour of which the grant is awarded. 25 4-the sanction provided for in point (d)) of paragraph 1 of the preceding article may only be enacted when the offense was committed during or because of participation in Conference, fair or market. 5-the sanction provided for in subparagraph (e)) of paragraph 1 of the preceding article may only be enacted when the offense was committed during or because of the public acts or in the exercise or because of the activities referred to in that subparagraph. 6-the sanction provided for in points (a) to (f)) and g) of paragraph 1 of the preceding article may only be enacted when the offense was committed in the exercise or because of the activity referred to in the authorisations, licences or permits, or because of the operation of the establishment. 7-the sanction referred to in paragraph h) of paragraph 1 of the preceding article may only be enacted when the offense has been committed in the exercise or because the activity in favour of what is assigned the benefit or funding and these have been assigned directly or indirectly by the State or come to the European Union. 8-the sanction provided for in subparagraph (i)) of paragraph 1 of the preceding article may only be enacted when the offense has been practiced through the equipment concerned or with the contest. 9-the sanction referred to in paragraph m) of paragraph 1 of the preceding article may only be enacted when animals subject to seizure served or were destined to serve for an administrative offense.


Article 32 Prohibition and inhibition of 1-activities Can be applied to account for any offense to temporarily ban, up to a maximum of three years, the practice of the profession or activity to which the alleged infringement. 26 2-the sanction provided for in this article may only be ordered if the defendant practiced against-red-handed and serious abuse of the function that performs or with manifest and serious violation of the duties inherent. Article 33 Loss 1-objects can be declared lost objects which served or were designed to serve for an environmental infraction or that as a result of this were produced, when such objects represent, by their nature or by the circumstances of the case, serious danger to the health, the safety of persons and goods and the environment or there is serious risk of its use to the Commission of a crime or another offense. 2-unless otherwise result from this law or under the general scheme of the contravention, are applicable to the loss of objects the rules on penalty of loss of accessory objects. Article 34 loss of value when, due to intentional action of the agent, has become unenforceable in whole or in part the loss of objects that, at the time of practice of fact, belong, can be declared forfeit a sum of money corresponding to the value of those. Article 35 effects of loss the finality or transit in trial of the confiscation order determines the transfer of ownership to the State. Article 36 fine independent Loss the loss of objects or their value can take place even though there may be no proceedings against the agent or not fined. 27 Article 37 Objects belonging to third loss of objects belonging to third can only take place: a) When their holders have competed, with guilt, for their use or production or that have taken advantages; or (b)) When the objects are, by any title, acquired after the fact, knowing the purchasers the provenance. Article 38 1-condemnation of the law determines the cases in which the practice of serious infringements and very serious is published. 2-the publicity of the conviction referred to in paragraph 1 may consist in the publication of an extract with the characterization of the offence and the norm violated, the identification of the offender and the sanction applied:) in a national daily newspaper and on a local or regional periodical publication, the seat of the offender, at the expense of this; (b)) in the second series of the Diário da República, on the last working day of each quarter, in relation to offenders convicted in the previous quarter, at the expense of these. 3-The publications referred to in the preceding paragraph are promoted by the competent court, in relation to offences subject to judicial decision, and by the management authority, in all other cases. Article 39 the Suspension penalty-1 the administrative authority that made the application of sanction may suspend all or part of his execution. 28 2-the suspension may be conditional on the fulfilment of certain obligations, in particular those considered necessary for the regularization of illegal situations, the repair of damages or the prevention of dangers to the health, safety and environment. 3-the time of suspension of the penalty shall be between one and three years, counting his start from the date on which the term of judicial review of the judgment. 4-suspension timing elapses without the defendant have practiced any against-environmental ordering, and without that you violated the obligations have been imposed, is condemnation without effect, and, in the opposite case, the execution of the penalty imposed.



Title IV of article 40 1 Prescription prescription-the procedure for serious and very serious offences prescribes as soon as on the practice of the administrative offense there is within five years, without prejudice to the causes of interruption and suspension provided for in the general scheme. 2-the procedure for minor offences prescribes as soon as on the practice of the administrative offense there is within three years, without prejudice to the causes of interruption and suspension provided for in the general scheme. 3-the period of limitation of fines and penalties is: a) three years, in the case of serious or very serious offenses and 29 (b)) Two years in the case of minor offences. 4-the period referred to in the preceding paragraph is counted from the day he becomes final or transits in the judgment which determined its application, without prejudice to the causes of interruption and suspension provided for in the general scheme. Part II of a misdemeanour procedure title I Of article 41 determination of precautionary measures precautionary measures 1-When necessary for the procedure or when health are concerned, the safety of persons and goods and the environment, the administrative authority may determine one or more of the following measures: Suspension of operation or) closure preventive in whole or in part of the polluting unit; b) notification of the defendant to cease the activities carried out in violation of the environmental components; c) any suspension or some activities or functions performed by the defendant; d) Placing the working conditions necessary for compliance with environmental legislation; and Sealing equipment for certain) time; f) technical recommendations to implement mandatory when is concerned the improvement of the environmental conditions of operation; g) Imposition of measures deemed appropriate for the prevention of environmental damage, the situation before the infringement replacement and to minimize the effects of the same. 30 2-the determination referred to in the preceding paragraph exists, as appropriate: a) until its repeal by the administrative authority or by a court decision; b) until the beginning of the fulfillment of accessory sanction of equivalent effect as provided for in article 30 of this law; c) until the onset of administrative or judicial decision that don't condemn the defendant the accessory sanction provided for in article 30, when it has been decreed precautionary measure having equivalent effect; d) until the instruction deadline being exceeded established by article 48.

3-When there is obstruction to the implementation of the measures provided for in paragraph 1 of this article, may be requested by the administrative authority to the distributors of electricity supply interruption of this the defendants for that. 4-the determination of the suspension and of the preventive closure referred to in paragraph 1 may be subject to publication by the administrative authority and the expense of publication borne by the offender. 5-When, pursuant to paragraph 1), is determined the total suspension of activities or functions performed by the defendant and this will be condemned, in the same process, in accessory sanction consisting of interdiction or inhibition of the exercise of the same activities or functions, are settled in full in compliance with accessory sanction the duration of preventive suspension. Article 42 precautionary Arrest 1-the law may determine the provisional seizure by the administrative authority, in accordance with this law and the general scheme of offences, in particular of the following goods and documents: the Equipment intended for processing); 31 b) licenses, certificates, permits, approvals, and replacement guides or other similar documents; c) Animals or plants protected species illegally held by natural or legal persons. 2-in the case of seizure in accordance with subparagraph (a)) of the preceding paragraph, can its owner, or who represents it, be designated fiduciary, with the obligation not to use the assets seized provisionally, under penalty of crime of qualified disobedience.

Title II of chapter I procedure article 43 1 Notifications notifications-notifications in a misdemeanour procedure shall be made by registered letter with acknowledgement of receipt, where the defendant can practice administrative offense of the decision apply fine or reprimand, accessory or sanction any injunctive relief, as well as the call for this watch or participate in acts or due diligence. 2-notifications are addressed to the registered office or to the address of the recipients. 3-If, for any reason, the registered letter with acknowledgement of receipt is returned to the competent authority, the notification will be forwarded to the notifying, for his/her domicile or seat, through simple letter. 4-On notification by letter must expressly appear on the simple process the date of dispatch of the letter and the address to which it was sent, considering the notification made on the fifth day after the date indicated there, making provision this to be entered in the Act of notification. 32 5-whenever the notifying refuses to receive or sign the notification, make sure the agent refuses, considering the document.


6-the notifications referred to in the preceding paragraphs may be made by fax or via e-mail, whenever there is knowledge of the fax or the e-mail address of the notifying. 7-when notification is made by fax or via electronic mail, it is assumed that it was made on the date of issuance, serving as proof, respectively, a copy of the notice where the record a statement to the effect that the message was received successfully, as well as the date, time, and fax number of the recipient or the extract from the message, which will be close to the record. 8-the order that orders the notification may be printed and signed by seal. 9-Is receiving notification by the party concerned of the minutes or the Act's seat to watch. 10-notifications made by simple registered letter shall be deemed made on the third day subsequent to the registration or on the first business day following that, when that day would not be useful. 11-going on acknowledgement of receipt, the notification shall be deemed to have been effected on the date on which it is signed and has by the very person of notifying, even when the acknowledgement of receipt has been signed by a third party present at the headquarters or domicile of consignee, assuming, in this case, that the letter was delivered to that in due course. 12-stakeholders involved in any contra-ordenacionais procedures on administrative supervisory authorities or environmental inspection shall communicate, within a period of 10 working days, any change of its registered office or domicile. 13-the lack of receipt of any notice or communication, due to failure to comply with the provisions of the preceding paragraph, is not enforceable against administrative authorities, producing all legal purposes, without prejudice to the available as to the obligation of notification and terms by which must be carried out. 33 article 44 notifications to agent 1-notifications to the defendants that have constituted representative shall, whenever possible, made on this person and his professional domicile. 2-when notification has a view to the convening of witnesses or experts, in addition to the notification of these is even notified the authorized representative indicating the date, the place and the reason for the show. 3-for the purposes of the preceding paragraph, the defendant, whenever call witnesses, will provide all the elements necessary for your notification, in particular indicate the address and the postal code for each one of them. 4-the notifications referred to in the preceding paragraphs are made by registered letter with acknowledgement of receipt, to the provisions of paragraphs 3, 4 and 5 of the preceding article. CHAPTER II article 45 Auto Processing of news or participation-1 the administrative authority will lift its auto news when, in the exercise of their functions, check or verify personally, even for non-immediate, any infringement of the standards referred to in article 1, which will serve as evidence of the occurrences verified. 2-with regard to the offences of administrative nature whose administrative authority verification has not proven personally, it must draw up an educated participation with the evidence available.

Article 46 34 auto news elements and participation 1-auto news or the participation referred to in the preceding article must, whenever possible, to mention: a) the facts which constitute the offence; (b)) the day, time, place and circumstances in which the offence was committed or detected; c) in the case of the offence be committed by a natural person, the elements of identification of the offender and of their residence; d) in the case of the offence be committed by a legal person or equated, their identification elements, including its headquarters, identification and residence of the respective managers, administrators and directors; and) identification and residence of witnesses; f) Name, category and autuante signature or participant. 2-entities that do not have jurisdiction to proceed with the arraignment of alleged infringement must mail the auto news or participation within 10 working days to the competent administrative authority. Article 47 administrative authorities Identifying the competent administrative authorities may require an agent against-its identification under penalty of crime of disobedience.

Article 48-1 autuante Statement or participant can't exercise to use its functions in the same process. 35 2-the deadline for the statement is 180 days from the date of the distribution to the respective instructor. 3-If the instruction cannot be completed within the period indicated in the preceding paragraph, the administrative authority may, on a proposal based on the instructor, extend the time limit for a period up to 120 days. Article 49 right to hearing and the accused's defence 1-auto news, after confirmed by the administrative authority and before the final decision is taken, the offender shall be notified jointly with all the elements necessary for it to meet all of the relevant aspects to the decision, in the matters of fact and law, to within 15 working days , to comment in writing on what you offer for convenient. 2-in the same period must, present, written answers, join the evidentiary documents in its possession and call witnesses, up to a maximum of two for each fact, a total of seven. 3-the following shall be considered as not written the names of the witnesses on the list exceed the legal number, as well as those for which are not indicated the elements necessary for your notification.

Article 49-the reduction of the fine 1-within 15 working days after notification pursuant to paragraph 1 of the preceding article, the accused may request the payment of the fine on the light and serious offences, being the same reduced by 25% of the minimum legal amount. 2-the reduction of the fine provided for in paragraph 1 may only take place if the accused: 36 a) cumulatively with the request, demonstrate ceased unlawful conduct, by action or omission, subject of a misdemeanour or contravention whose practice was imputed; b) is not a repeat offender. 3-for the purposes of paragraph 1, shall be considered as minimum amount of the fine established in cases of negligence. 4-payment of the fine pursuant to this article is tantamount to conviction for recidivism purposes, without excluding the possibility of applying additional sanctions. 5-the fine must be paid in 10 working days after the payment notification, under penalty of the respective administrative procedure continue its legal. 6-the presentation of the request pursuant to paragraph 1 does not suspend the time limit referred to in paragraph 1 of the preceding article. Article 50 Appearance of witnesses and experts 1-witnesses and experts are to be heard at the headquarters of the administrative authority where they perform the arraignment or a delegation that, if this holds. 2-witnesses can be heard by the police authority, at its request or at the request of the administrative authority. 3-If for any reason the police authority cannot hear the witnesses, these are necessarily heard on the premises of the competent administrative authority for the arraignment. 4-the witnesses and experts that do not appear on the day, time and place appointed for the stage of the process, nor justify the absence on the day or within five working days, is applied by the administrative authority a financial penalty up to 5 UC. 5-it is considered justified the lack motivated by fact not attributable to wrongful which renders them unable to attend in the procedural act 37 6-the stage of inquiry of witnesses or experts may be postponed only once, even though the first markup has been deemed justified. 7-in the case where the witnesses and the experts do not attend a second summons, having missed the first, the financial penalty to be applied by the administrative authority can vary between 5 and 10 UC UC. 8-payment is made within 10 working days of notification, under penalty of the execution, serving the enforcement notification made by the administrative authority. Article 51 the absence of accused, witnesses and experts the lack of appearance of the accused, of the witnesses and experts duly notified, shall not prevent the process of administrative offense follow their terms.




Article 52 the case back to the Prosecutor's Office 1-Received the judicial review, the administrative authority shall send the case back to the Prosecutor within 20 working days, which makes present to the judge for this act as prosecution. 2-at the time of sending the file can add claims administrative authority. 3-to the sending of the file, the administrative authority may revoke, in whole or in part, the decision to fine or sanction accessory application. 38 4-Without prejudice to article 70 of Decree-Law No. 433/82 of 27 October, the administrative authority may add other elements or information you feel is relevant to the decision of the case, as well as offering evidence. 5-the withdrawal of the indictment by the Public Ministry depends on the agreement of the administrative authority. Article 52-the Estoppel from challenging the payment of the fine after the notification of the administrative decision that applied the right to preclude judicial review regarding the same. Article 53 Interest at the end of the judicial process to meet the challenge or the execution of the judgment in the counter ordering, and if it has been totally or partially upheld by the Court, in addition to the amount of the fine in debt interest counted since the date of notification of the decision by the administrative authority to the defendant, the maximum rate established in the tax law.

Article 54 voluntary payment of the fine 1-for light and serious offences, as well as very serious offences committed with negligence, the defendant may proceed to the voluntary payment of the fine, except in cases where there is no cessation of the unlawful activity. 2-If the offence consists in the lack of delivery of documents or the omission of mandatory communications, the voluntary payment of the fine is only possible if the defendant to remedy the failure within the same period. 3-Out of cases of recurrence, in the voluntary payment, the fine is settled by the minimum value that matches the type of offence committed. 39 4-the voluntary payment of the fine is equivalent to conviction for recidivism purposes, without excluding the possibility of applying additional sanctions. 5-the voluntary payment of the fine is permissible at any time in the process, but always before the decision. Article 55 participation of administrative authorities-1 the Court communicates to the management authority the court date for wanting this to be able to participate at the hearing. 2-the court notifies the administrative authorities for these bring to the audience the elements deemed convenient for a correct decision of the case. 3-the Court must inform the administrative authority decided the process the orders, the sentence, as well as other final decisions.

TITLE III Procedure article 56 1 accelerated Process accelerated when the reduced gravity of the offence and the guilt of the warrant agent, can the management authority in cases of offences classified as light, and before formally accuse the defendant, communicate the decision to apply a sanction. 2-Can still be given to the accused to take the legally required behavior within the administrative authority attach to the effect. 3-the decision referred to in paragraph 1 is written and contains the identification of the accused, the summary description of the facts complained of and the legal provisions violated and ends with the admonition or the indication of the fine concretely applied. 40 4-the accused is notified of the decision and informed that it has the right to refuse, within five working days, and the result referred to in the following paragraph. 5-refusal or the silence of the accused within that period, the application of any diligence complement, non-compliance with the provisions of paragraph 2 or the non-payment of the fine within 10 working days after the notification referred to in paragraph 1 shall determine the immediate continuation of the process of administrative offense, getting off the decision referred to in paragraphs 1 to 3. 6-Having the defendant granted the fulfilment of the provisions of paragraph 2 and to the payment of the fine has been applied, the decision becomes final, as judgment and the fact that return to be enjoyed as a misdemeanour. 7-the judgment in the accelerated, according to the established in the preceding paragraphs, implies the loss of legitimacy of the accused to appeal against that.


TITLE IV Article 57 General principles 1 Costs-the costs of proceedings shall revert to the administrative authority which imposed the sanction. 2-If otherwise not result of this Act, the costs in a misdemeanour procedure shall be governed by the precepts of regulators in prosecution costs. 3-the decisions of administrative authorities that decide on matters of procedure shall fix the amount of costs and determine who should stand. 4-the process of administrative offense to run administrative authorities gives way to payment of the fee, not the prosecution. 5-the suspension of the penalty provided for in article 39 of this law does not cover the costs. Article 58 41 1-Charges costs comprise, in particular, the following charges: a) the cost of transportation and subsistence allowance; b) reimbursement for postage, telephone calls, fax, Telegraph and telematics; c) the fees payable to experts; d) transportation and storage of seized goods; and) payment due to any entity at cost of birth certificates or other items of information and evidence; f) reimbursement with the acquisition of photographic, magnetic brackets and audio, necessary for the taking of evidence; g) examinations, analyses, reports, or other actions that the administrative authority has carried out or order carry out on due to the inspection which led to the alleged infringement. 2-the costs are borne by the defendant in the event of the imposition of a fine, reprimand, sanction or injunction accessory and of withdrawal or rejection of the impeachment. 3-in other cases the costs are borne by the public purse. Article 59 Disputes 1-fees the defendant may, in general terms, to challenge in court the decision of the administrative authority relating to the expense, and the impeachment be presented within 10 working days from notice of the decision to challenge. 2-The decision of the Court of first instance there is only an appeal to the Court of appeal where the amount exceeds the jurisdiction of that Court. Article 60 42 running costs 1-expiry of payment of costs without their Director, the administrative authority sends in 20 working days, the case back to the Prosecutors for introducing the relevant executive action. 2-Executive titles are considered the expense passed by the administrative authority. 3-the value of costs on debt accruing interest at the maximum rate established in tax law from the date of notification by the administrative authority. Article 61 Prescription credit expense credit costs shall become statute-barred within five years. PART III article 62 national Principles 1-registration should take place in strict respect for the principles of legality, accuracy and security of information collected. 2-the National Commission for data protection (CNPD) monitors and supervises, under the law on protection of personal data, the operations referred to in the following articles. Article 63 1 Object-the national registry for the registration and treatment of the main and accessory penalties, as well as the protective measures applied in a misdemeanour procedure and judicial decisions related to those processes, after final decision or transit. 43 2-are still subject to registration suspension, the extension of the suspension and revocation of decisions made in a misdemeanour procedure. 3-the national registry is organized into central computerised file, and should contain: a his) identification of entity that delivered the judgment; b) identification of the defendant; c) the date and form of the decision; d) the content of the decision and the precepts applied; e) the payment of the fine and the costs of the proceedings; f) any execution of the fine and the costs of the proceedings. Article 64 Entity responsible for national register 1-the General Inspectorate of the environment and spatial planning is the body responsible for the national register. 2-the General Inspectorate of the environment and regional planning information and ensure the right of access to data by their holders, the correction of data, as well as ensure the legality of the query or the communication of information. 3-Can still access the data contained in the register: a) The judicial magistrates and the public prosecutor for criminal investigation purposes and education of criminal prosecutions; b) entities which, under the criminal procedure law, receive delegation for the practice of acts of investigation or instruction; c) officials for the pursuit of public purposes. Article 65 44 1-individual Registration the administrative authority must arrange an individual record of the subjects responsible for environmental offences, which must bear the precautionary measures and sanctions applied in main and accessory administrative offense. 2-the records made by the administrative authority can be integrated and processed in computer applications, in accordance with the limits of the law on protection of personal data. 3-the data contained in the records provided for in the previous paragraph, as well as the information contained in document support, may be publicly disclosed in cases of very serious offences and serious offences involving recidivism. Article 66 sending data All the administrative authorities are obliged to send to the General Inspectorate of the environment and spatial planning in relation to the processes of administrative offense for you decided, within 30 working days, where information entered in the data referred to in paragraph 3 of article 63. Article 67 1-environmental register certificate all the entities that can access the data in the register should make your application with the General Inspectorate of the environment and regional planning that, to this end, issues the certificate of environmental register where all the information in accordance with article 63. 2-for issuing certificate of environmental record is due in accordance with the rate set by Ordinance and the amount of which is fixed by order of the Minister responsible for the environment. Article 68 final 45 Cancellation are canceled automatically and irrevocably in the environmental register all data: a) at presence more than five years concerning serious infringements and very serious; b) at presence more than three years relating to offences. PART IV Environmental Intervention Fund article 69 1-Creation is created the Environmental Intervention Fund, hereinafter referred to as the background. 2-the Fund rules shall be established by law, to be approved within 120 days. Article 70 the objectives the Fund collects part of the proceeds of fines imposed, in accordance with the procedure referred to in article 73, which is intended to prevent and repair damage caused by activities detrimental to the environment, particularly in cases where those responsible could not pay in a timely manner. Part V final provisions article 71 jurisdiction of the Inspector-General for the environment and regional planning 1-Without prejudice to the competence assigned by law to any administrative authority for the establishment and decision processes of an administrative offence, the inspector-General for the environment and regional planning is always competent for the same effect in relation to those processes. 46 2-the inspector-General for the environment and regional planning is still responsible for the establishment and decision of a misdemeanour procedures which albeit illicit wider scope, frame environmental components. 3-the Minister responsible for the area of the environment can determine, whenever the public interest justifies it, the Inspector-General for the environment and regional planning avoque environmental infraction procedures that are under way in any services of the Ministry concerned. 4-the subject, provided for in the preceding paragraph implies the transfer of the case to the General Inspectorate of the environment and spatial planning for the purpose of instruction and decision, without prejudice to the duty of cooperation continues to focus on the service initially.


Article 72 (repealed by law No. __/2009, of _ _ _ _ _ _ _ _ _ _) Article 73 destination of fines 1-regardless of the stage at which has become final or the judgment we pass judgment, the proceeds of fines imposed as a result of processes of ordering handled under this scheme, as well as in the cases referred to in articles 49-54, and is distributed as follows : 50% to the bottom) of Environmental Intervention; (b)) 25% for the authority to apply; c) 15% for the autuante entity; d) 10% for the State. 2-While not comes into force the decree-law referred to in paragraph 2 of article 69, part of the fines Fund continues to be attributable to the State revenue. Article 74 47 Administrative Authority for the purposes of this law, administrative authority any body who compete legally initiation, instruction and or the application of penalties of an administrative offence proceedings in environmental matters. Reformatio in pejus article 75 shall not apply to alleged infringement procedures initiated and decided under this law the prohibition on reformatio in pejus, and this information appear on all the final decisions to admit contestation or appeal. Article 76 protection of the system of administrative offences under the marine environment this law shall be without prejudice to the system of administrative offences under the pollution of the marine environment in the maritime spaces under national jurisdiction, approved by Decree-Law No. 235/2000 of 26 September. Article 77 transitional provision the provisions of this law concerning penalties and their values are applicable only from the date of publication of diploma, changing current legislation on environmental matters, the classification of offences there typified.