DRAFT LAW NO. 475 /XI

First amendment to Decree-Law No. 349/99 of September 2, which

creates the National Association of Technical Engineers, association of

public law, and approves the respective status

Exhibition of reasons

Volved 11 years on the creation of ANET-National Association of Engineers

Technicians and the approval of the respective Statute, through the Decree-Law No. 349/99, 2 of

September, it becomes necessary to introduce some amendments to the respective Statute,

imposed not only on the fact that Portugal has appropriate its legislation to the so-called

"Bologna process", but also arising from the publication of Law No 31/2009,

of July 3, approving the legal regime establishing professional qualification

requiring the technicians responsible for the drafting and underwriting of projects, by the

labour supervision and the direction of work, which is not subject to special legislation, and

of the amendment of the entire legislative building that it has proceeded with.

On the other hand, the experience experienced by ANET over the course of more than a decade,

allows us to identify certain aspects of your Statute that deserve special

attention and which advise some adaptations and enhancements aimed at

improve the functioning and organizational life of this association of public law. With

Effect, the amendments that are proposed through the present draft law aim at a

better suitability of the ANET Statute with the reality of this association and of the

engineering.

Finally, it becomes also important to make the change of the denomination of the

Association which goes on to designate "Order of Technical Engineers". It is, in the

practice of an adequacy with the reality of this Association and that will allow a better

enlightenment of the population avoiding doubts as to the nature of this.

Of the set of amendments that are intended to be introduced to the ANET Statute, they highlight-

if, by its importance, the following:

a) Amendment of the designation of ANET-National Association of Engineers

Technicians for OET-Order of the Technical Engineers and institution of the figure of the

bastonary.

b) Possibility of assignment of the professional title of Technical Engineer,

as an autonomous profession, to the diploma holders of the 1-cycle of the Teaching

Top of Engineering, so as to assure them the enabling condition for the

exercise of the profession of Technical Engineer.

c) Creation of differential professional levels according to various levels of

competence and knowledge, allowing only those who detain

academic, technical and scientific skills to carry out acts of greater

complexity.

It is, still, to reference that the present legislative initiative results from a claim

presented to the Parliamentary Group of the Socialist Party by the Directorate of ANET,

corresponding, to that extent, to an expectation of that association and its

professionals.

The changes now proposed to compete, in the understanding of the bidders, to

improve the functioning and the organisational life of this important Law Association

public, contributing so that this professional group can provide a better service

to the country and to Portuguese consumers, as well as, for the improvement of the quality of the

engineering that is practiced.

Thus,

In the applicable constitutional, legal and regimental terms, the Party's Deputies

Socialist, undersigned, present the following draft Law:

Article 1.

Change of denomination

1-A ANET-National Association of Technical Engineers, created by the Decree-Law n.

349/99, of September 2, passes to be designated by Order of Technical Engineers.

2-In the Statute approved by the Decree-Law No. 349/99 of September 2, where it is used

designation "ANET-National Association of Technical Engineers" goes on to read " OET

-Order of Technical Engineers "and where it reads" Association "passes the" Order ".

Article 2.

Amendment to the Statute approved by the Decree-Law No. 349/99 of September 2

Articles 1, 2, 6, 8, 9, 10, 12º, 13, 13, 13, 14, 17, 17, 17, 17, 17, 17, 17, 17, 17, 17, 17, 17, 17.

18, 19, 21, 23, 24, 26, 28, 29, 32, 33, 33, 37., 36, 39, 39, 39, 39, 39, 39, 39

40, 41, 42, 44, 47, 51, 59, 61, 63, 67, 67, 69., 68, 71, 71, 71, 71, 71, 71, 71

75, 76 and 77 of the Statute approved by the Decree-Law No. 349/99 of September 2,

which are replaced by the following:

" Article 1. Denomination, nature and headquarters

1. The OET-Order of Technical Engineers, hereinafter referred to by Order, is the representative public association of the holders of an academic degree of higher education course of the 1º cycle in Engineering, or of equiped training, who carry out the profession of technical engineer.

2. [...].

Article 2. Attributions

They are tasks of the Order: (a) [...]; (b) Regular the access and exercise of the profession of technical engineer; (c) Create professional qualification levels and assign specialist titles; d) [Previous letter b) ]; and) [Previous point c) ]; (f) to elaborate the regulations on their respective professional activity; g) [ Previous point (e) ]; h) Contributing to the defence and promotion of engineering, being heard on the

projects for legislative diplomas that are of interest to Engineering; i) [ Previous point (g) ]; j) [ Previous point (h) ]; k) [ Previous point (i) ]; l) Promote, sponsor and support the editing of publications that contribute to a

better public clarification of the implications and relevance of engineering;

(m) to collaborate with schools, universities, polytechnic institutes, colleges and other institutions on initiatives aimed at the training of technical engineers;

n) [ Previous point (m)]; o) Participate in the official process of accreditation and evaluation of the courses giving

access to the profession of technical engineer.

Article 6. Members

The Order integrates members: a) Students b) Trainees

c) Assets.

Article 7. Student members

Students of the last year of the courses referred to in Article 1 (º1) may be admitted to the quality of student members.

Article 8.

Trainee members 1. Admission as a trainee member depends on the entitlement of the academic degree

referred to in paragraph 1 of Article 1º. 2. The quality of a trainee member is acquired after the presentation and approval of the

professional internship plan. 3. The trainee members enrol in the college of specialty corresponding to the

of your course. 4. Enrollment in the Order is made in the regional section of the respective professional domicile.

Article 9.

Effective members 1. Admission as an effective member depends on the entitlement of the academic degree

referred to in paragraph 1 of Article 1º. 2. The quality of effective member is acquired after the realization, successfully, of the

professional stage. 3. The actual members enroll in the college of specialty corresponding to the

of your course. 4. Enrollment in the Order is made in the regional section of the respective professional domicile.

Article 10 [...]

Eliminated.

Article 11. Resignation and suspension

1. Permit the quality of members the technical engineers who request their resignation from the Order.

2. The inscription is suspended and, by consequence, the quality of technical engineer: a) If the member requires it; (b) If it is applied to the member a disciplinary penalty of suspension.

Article 12.

National bodies 1. Are national organs of the Order:

a) [...]; (b) The bastonary; c) [...]; d) [...]; and) [...]; f) [...]; g) [...].

2. [...]. 3. [...]. 4. The performance of effective and on-going duties of the holders of the Organs

Nationals can be remunerated, in the terms to be defined in specific regulation. 5. Employees and agents of the Public Administration may be assigned or

requisitioned, under the law, for the performance of on-call functions in the national bodies.

Article 13.

General assemblage 1. The general assembly is composed of the totality of the actual members in the full enjoyment

of your rights and assembles ordinarily twice a year and extraordinarily whenever convened, pursuant to paragraph 3.

2. [ Dropped ]. 3. [...]. 4. The general assembly meets extraordinarily, upon convocation of the respective

chair of the table, whenever the national governing board, the assembly of representatives, the governing boards of section or at least 300 effective members require it by bringing together the proposed agenda.

5. Compete to the general assembly: (a) Deliberate, by April 30, on the report of consolidated activities and accounts

of the Order, approved by the national governing board relating to the transact calendar year, taking into account the opinion of the national tax council and the report of the Official Reviewer of Accounts;

b) Deliberate, by December 15 of each year, on the consolidated business plan and budget, taking into account the opinion of the national tax council.

6. [...]. 7. The chair of the general assembly desk can attend, without the right to vote, at

meetings of the national governing board, whenever the convenient judge or this body requests it.

Article 14. Bastonary

1. The bastonary and the three vice-presidents of the Order are elected on list. 2. Compete to bastonary:

a) [...]; b) [...]; c) [ Eliminate ]. d) [...]; e) [...]; f) Propose to the national governing board, the personality to occupy the post

of provider of the Order. 3. The bastonary is coadjured by three vice-presidents, who replace it in their absences or impediments. 4. The bastonary can delegate skills to the vice-presidents and the chairpersons of the governing boards of section.

Article 15. Assembly of representatives

1. The assembly of representatives shall consist of: (a) the bastonary and the vice-presidents of the Order; (b) [...]; (c) the president of the bureau assembly; d) The chairpersons of the desks of the section assemblies; and) The chairman of the national tax council; f) O chair of the board of the profession; g) [ Previous point (e) ].

2. [ Dropped ]. 3. The assembly of representatives is presided over by the bastonary of the Order. 4. It shall compete with the assembly of representatives:

a) [...]; (b) [...]; (c) Fixing the jewellery and quotas to be charged to the members, as well as the percentage

of these recipes intended for the regional sections; d) [...]; and) [...].

5. The assembly of representatives, convened by the bastonary, shall convene ordinarily until November 30 each year for the purposes set out in the sub- b ) and c ) of the preceding paragraph, and extraordinarily on the initiative of the national governing council.

Article 16. National governing council

1. The national governing board shall be constituted by the bastonary of the Order, which has a vote of quality in the event of a tie, by the three Vice-Presidents and the Presidents and Vice-Chairpersons of the governing boards of the sections.

2. [...]. 3. It is incumbent on the national governing council:

a) [...]; (b) elaborate the plan of activities and the consolidated budget of the Order; (c) Draw up the activity report and the consolidated accounts of the Order; d) [ Previous point (b) ]; and) [ Previous paragraph (c) ]; f) Approve the regulation of operation of delegations and delegates

distritals and the islands of the Autonomous Regions; g) [ Previous point (e) ]; h) [ Previous point (h) ]; i) [ Previous point (g) ]; j) [ Previous point (h) ]; k) Create professional qualification levels and assign specialist titles; l) Approve the regulations proposed by the Board of Profession; m) Proceed to the recognition of the Engineering courses, leading to the title

of technical engineer; n) [ Previous point (j) ]; o) [ Previous point l) ];

p) [ Previous point (m) ]; q) [ Previous paragraph (n) ]; r) [ Previous point (o) ]; s) Deliberate on the admission or dispensation of employees of the Order, be they

adstrites to support services for national or regional bodies; t) Designate the Secretary-General, whom it is up to, upon remuneration, to support the

activity of the national bodies and implement the policies defined by the national governing council in accordance with the guidelines emanating from the bastonary;

u) Designate the provider of the Order; v) [ Previous point s )].

4. The national governing council shall hear in advance the advice of the profession when it is in question the exercise of the powers referred to in points (e), (j), l) and (q) of the preceding paragraph.

Article 17.

National tax council 1. The national tax council shall consist of a chairman, two vice-presidents and

two vowels, elected on the list, and by the chairpersons of the section tax boards, these without a vote;

2. Compete to the national tax council: a) [...]; b) [...]; c) [ Dropped ].

3. The chairman of the national tax council may attend, without a vote, to the meetings of the national governing board, whenever he judges convenient or this request.

Article 18.

Court of law 1. The jurisdictional board consists of a president, two vice-presidents and

two vowels. 2. [...]. 3. The jurisdictional board may be advised by a legal advisor. 4. The chair of the jurisdictional council may attend, without a vote, to the meetings

of the national governing board, whenever it judges convenient or this request it.

Article 19. Council of the profession

1. The board of the profession consists of a president, two vice-presidents, and the presidents of each of the colleges of specialties.

2. [...]. 3. It is incumbent on the board of the

a) Zelar for compliance with the deontological code of technical engineers; (b) Propose to the national governing council the institution of specialties; c) Propose to the national governing council the creation of skill levels

professional and the assignment of specialist titles; d) Issuing opinions on the regulation of the exercise of the profession; and) Propose to the national governing board the allocation of degrees according to the

Graduate System of the Order. 4. [...]. 5. The chair of the board of the profession may attend, without a vote, to the meetings

of the national governing board, whenever it judges convenient or this body so requests.

Article 21.

Section assemblies 1. [...]. 2. Compete to the section assemblies:

a) Approve the report and accounts of the governing board of section, attentive to the opinion of the respective section tax council;

b) [...]; c) [...]; d) [...]; and) [...].

3. The section assemblies are directed by a table, consisting of a president and two secretaries, elected on list.

4. [...]. 5. [...]. 6. [...].

Article 22.

Steering boards of section 1. The governing boards of section shall consist of a President, a Vice-

president, a secretary, a treasurer and a vowel, elected on the list. 2. Compete to the directional boards of section:

a) [...]; (b) [...]; (c); and) [...]; e) [...]; g) [...]; g) [...]; (i); j) [...]; (j); (l); (l); (l); (l); (l); (l); Dropped ]; o) [...].

Article 23.

Section tax advice 1. The tax advice of section shall consist of a President and two vowels,

elected on the list, plus the president of the national tax council, this without a right to vote.

2. [...].

Article 24. Disciplinary section boards

1. The disciplinary boards of section shall consist of a president and two vowels, elected on list.

2. [...]. 3. [...].

Article 25.

Delegations 1. [...]. 2. In The Autonomous Regions, delegations may cover an island or a group of

islands, regardless of the respective number of associates. 3. [...]. 4. [...].

Article 26. Definition and enumeration

1. [...]. 2. It is understood by specialty, which can be organized by areas of expertise, a

field of engineering activity, with technical and scientific characteristics of its own.

3. In addition to those who come to be recognized by the competent bodies, they are already established in the Order the following specialties:

a) [...]; (b) [...]; (c) [...]; e) [...]; e) [...]; e) [...]; (g) [...]; g) [...]; g) [...]; (...]; (i); (...]; (i); (...);; (i);; (i);; (...]; Food engineering; p) Industrial engineering and quality.

4. The holders of the academic degree referred to in paragraph 1 of Article 1º, with a specialty not yet organized in the Order, are enrolled in that which the board of the profession considers as the most appropriate of among the recognized specialties.

5. [...]. 6. [...]. 7. [Eliminated].

Article 27.

Directions of colleges of specialties 1. [...].

2. [...]. 3. [...]. 4. [...]. 5. It is incumbent on each direction of college:

a) [...]; (b) [...]; (c) Propose the drafting of regulations; d) [ Previous paragraph (c) ]; and) [ Previous point (d) ]; f) [ Previous point (e) ]; g) [ Previous point f) ].

6. Specialty colleges are based in the regional section to which the president of the respective college belongs.

7. The expenses of the college shall be taken up by the Regional Sections where the same is seated.

Article 28. Congress

1. [...]. 2. [...]. 3. [...]. 4. Expenditures on the realization of the congresses can be attended by the

national bodies.

Article 29. Organization

1. The organization of elections and referendums shall compete with the national governing council, which, for this purpose, appoints an electoral commission, with the collaboration of the tables of the section assemblies, and shall for the purpose of:

a) [...]; b) [...]; c) [...]; d) [...].

2. The electoral commission is presided over by the bastonary, which may delegate this competence.

Article 32. Advertising

The convening of the elections and referendums is done by means of convocatory notices affixed to the national headquarters and regional offices and published in a national dissemination journal with the minimum advance of sixty days.

Article 33.

Electoral notebooks 1. Election notebooks shall be affixed to the national and regional offices forty and

five days before the date of the holding of the elections. 2. From irregular enrollment or omission in the electoral notebooks can any voter

to complain to the electoral table in the fifteen days following those of the affixing, owing

this one decided on the complaint within four days.

Article 36. Identity of voters

Voter identification is done through the presentation of the identity card or any other identifying element with photography, accepted by the electoral table.

Article 37. Operation of electoral desks

1. Electoral desks work mandatorily in all regional headquarters of the Order.

2. The constitution of the electoral desks is promoted by the section assemblies, up to five days before the date of the elections or the referendum, and it shall appoint a representative thereof, who presides at the respective table, by integrating, this, an element of each list competitor.

Article 38.

Counting of votes 1. As soon as the vote is over, proceed to the immediate counting of the votes ,

presential and by correspondence , and to the elaboration of the minutes of the results, duly signed by the elements of the electoral table.

2. [...].

Article 39. Complaint and appeal

1. Voters may complain before the electoral table, on the grounds of irregularities of the electoral act, up to three days after the end of the vote.

2. [...]. 3. From the decision of the electoral bureau it falls to appeal to the national governing council in the

period of eight working days counted from the date on which it is communicated to the claimant the decision of the electoral table.

4. [...].

Article 40. Dissemination of results

1. [...]. 2. [...]. 3. [...]. 4. The election results shall be affixed to the national office of the Order and in all

regional sections and delegations.

Article 41. Vote by proxy and by correspondence

1. [...]. 2. Without prejudice to the provisions of the preceding paragraph, the vote shall be admitted by

correspondence provided that: a) [...]; (b) Within that same envelope it also consents a simple photocopy of the

identity card or citizen card of the member, and shall in the same be

i shall bet the respective member number, and its signature as per the identification document;

c) The envelope is introduced in another and addressed to the electoral table, by post, and which has been received in the Order up to the day of the vote, inclusive.

3. The payment of all costs associated with the vote by correspondence is the entire responsibility of the member.

Article 42.

Passive electoral capacity 1. [...]. 2. The candidates for the national governing board, the bastonary and the vice-presidents of the

Order, they cannot integrate the lists of candidates to any other body.

Article 43. Electoral system

1. The elections for bastonics and vice-chairs, national general assembly desk, national tax council, directional boards of section, table of section assemblies and section tax council are made according to the majority system to a comes back.

2. Elections for the remaining organs of the Order are made according to the system of proportional representation, according to the method of the highest average Hondt.

Article 44.

Submission of applications 1. Applications are delivered at the desks of the section assemblies along with a

term of acceptance of each member who constitutes them and the respective programmes of action.

2. The submission of applications shall be made up to thirty days prior to the date of the election act.

3. Applications may be submitted for the whole of the organs of the Order, or for the set of the national bodies, or for the set of the organs of each region or for the direction of the Colleges, and shall be subscribed to by a minimum of 100 effective members of the Order.

4. Applicants are identified by the full name, number of member, age, and residence or professional domicile.

5. The bidders of the applications are identified by the full name readable, signature and member number.

Article 47.

Advertising of programmes The competing application lists for the elections, as well as the respective programmes of action, are affixed to the national headquarters, regional offices and delegations of the Order since the date of their final acceptance until the achievement of the electoral act.

Article 48.

Subject 1. [...]. 2. [...]. 3. Matters pertaining to matters that this Statute commits to competence

deliberative of any national body may only be submitted to the referendum by authorization of that body, washed in minutes.

Article 51.

Rights of the actual members They constitute rights of the actual members:

a) [...]; b) [...]; c) [...]; d) [...]; and) [...]; f) [...]; g) [...]; h) Use the Order member ID card.

Article 52.

Duties of the actual members 1. [...]. 2. Are exempt from the payment of quotas the members of the Order whose enrollment if

find suspended, saved by way of disciplinary procedure. 3. The delay in the payment of quotas for a period of more than six months, implies the

automatic suspension of the rights inherent in the quality of effective member.

Article 59. Disciplinary responsibility

1. To the proceedings pending on the date of the entry into force of this diploma, the following rules apply:

a) the standards relating to the accountability and qualification of offences set out in the annexed Statute shall apply to the extent that they are more favourable to the accused;

b) The procedural standards are of immediate application. 2. [ Previous Article No 1 ]. 3. [ Previous Article No 2 ]. 4. [ Previous Article No 3 ]. 5. Matters of a strictly technical nature are excluded from the scope of the action

discipline, fit with the Order the execution of penalties resulting from court decisions. 6. The request for cancellation and the suspension of the inscription do not cease to

disciplinary liability for previously practiced offences. 7. The desistance of the disciplinary procedure by the person concerned extinguishing the

disciplinary liability, unless the amputated lack affects the dignity of the targeted technical engineer or the prestige of the profession or of the Order or the interests of third parties.

Article 61.

Introduction of the disciplinary procedure 1. The disciplinary procedure is instituted upon decision of the disciplinary boards of

section or of the jurisdictional board, as the case may be, and shall concurrently be appointed as the rapporteur.

2. [...]. 3. [...].

Article 63.

Feathers 1. [...]. 2. [...]. 3. [...]. 4. [...]. 5. The disciplinary penalties applied by the jurisdictional council and the councils

section disciplors are registered and publicized by the national governing board, in media, national or regional media bodies.

Article 67.

Dispatch of prosecution 1. [...]. 2. [...]. 3. If the accused finds himself in an uncertain part and is unknown to his residence, it is

notified by edital referring only that a case is pending and what the deadline for submission of defence, which must be affixed at the door of your last professional domicile, of your last place of work or of your last residence or known tax domicilio and still on the premises of the national headquarters and the respective Regional Section.

4. With the order of charge that concludes by the application of sentence not less than six months of suspension may be proposed the preventive suspension of the accused, to be deliberated by the disciplinary board of section or the jurisdictional board.

5. Preventive Suspension may be enacted, in particular, in the following cases: (a) When there is the possibility of the practice of new and serious infringements

disciplars; (b) When the instruction may be disturbed in terms that harm the

clearance of the offence. 6. The preventive suspension may not exceed three months and shall be discounted in the

penalty of suspension that comes into being applied. 7. The disciplinary proceedings in which the defendants find themselves preventively suspended

prefer to all too many.

Article 68. Defence

1. The deadline for submission of defence is twenty days. 2. [...]. 3. [...]. 4. [...]. 5. No more than five witnesses can be presented for each fact, no

may the total of them exceed twenty. Article 69.

Allegations Carried out the representations referred to in the preceding article and others which are determined by the rapporteur, the person concerned and the accused are notified to claim in writing within twenty days.

Article 70.

Judgment 1. [...]. 2. The suspension penalties of one to five years can only be applied by decision

which obtains two thirds of the votes of all the members of the competent body. 3. [...].

Article 71.

Notification of the judgment 1. [...]. 2. Eliminated.

Article 75.

Review 1. Defining disciplinary decisions may be reviewed at the request of the person concerned, with

foundation in new facts or new evidence, likely to change the meaning of those, or when another definitive decision considers false evidence determinants of the decision to be reviewed.

2. The deadline for interacting for review is eight days counted from the notification or fifteen days from the affixing of the edital.

Article 76.

Revenue of national bodies They constitute revenue of the national bodies of the Order:

a) The percentage that has been provided to them of the revenue provided for in the c ) of paragraph 3 of Article 15º;

b) [...]; c) [ Eliminated ]; d) [...]; and) [...]; f) [...]; g) [...].

Article 77.

Revenue of regional bodies They constitute revenue of the regional bodies of the Order:

a) The percentage that has been provided to them of the revenue provided for in the c ) of paragraph 3 of Article 15º;

b) [...]; c) [...]; d) [...]; and) [...]. "

Article 3.

Addition to the Statute approved by the Decree-Law No 349/99

of September 2

1- They are deferred to the Statute approved by the Decree-Law No. 349/99 of September 2, the

articles 11-, 50-A, 79 and 80, with the following wording:

" Article 11.

Levels of qualification 2. The skill levels of the actual members are as follows:

a) Technical Engineer; (b) Senior Technical Engineer; c) Specialist Technical Engineer.

3. The degree of technical engineer is obtained after the approval by the National Governing Board, of the approval at the professional stage.

4. The degree of Senior Technical Engineer can be conferred on the members who, fruit of professional experience, hold the skills to carry out acts of engineering of greater complexity within their specialty, in the terms of applicable regulation.

5. The degree of Specialist Technical Engineer can be conferred on members who, fruit of accumulated professional and academic experience, hold the competencies to carry out acts of engineering of greater complexity within a specific area of their specialty or encompassing various specialties, in the terms of applicable regulation.

Article 50-The

Competencies and form of designation 1. The Order Provider has as a function to analyze complaints or suggestions

presented and ensure appropriate timely and timely responses and recommend solutions.

2. The Provider shall be appointed by the national governing board, upon proposal of the bastonary.

Article 79. Official Reviewer of Accounts

The audit of the patrimonial and financial management is ensured by an Official Reviewer of Accounts.

Article 80. Review

1. All the revision initiatives of the Statute shall be disclosed by the class to

pronouncement during the minimum period of thirty days. 2. The status should be reviewed every five years, provided that for this there are

justifiable reasons. " 2- They are deferred to the Statute approved by the Decree-Law No. 349/99 of September 2:

a) Chapter VII, with the epitomic "Provider of the Order", which comprises the article

50.

(b) Chapter XI, with the epistle "Revision of the Statute", which comprises Article 80.

Article 4.

Republication

It is republished, in annex to this Act, of which it is an integral part, the Statute approved by the

Decree-Law No. 349/99 of September 2, with the current wording.

Article 5.

Entry into force

This Law shall come into force 30 days after the date of its publication.

The Deputies,