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COMMITTEE ON ECONOMICS AND PUBLIC WORKS

Draft Resolution No. 378 /XII/1.

It recommends the Government the deepening, reviewing, of the Regulation of

Contrastaries, the intensification and enlargement of the supervising acts and the

provision of information in the context of Consumer Protection as well as the

introduction of new tools and procedures for facilitation of research

Exhibition of Motives

The purchase and sale of artefacts, and other objects, of ourivesaria was, until there are four

years ago, a residual activity.

Since 2008 it has impartially grown the attribution, by the National Press-

House of the Currency, S.A. -Contrastaries, from ourivesaria retailer enrolment (

code 41), title that licenses the activity of the denominations ' buying houses and

sale of gold '.

Year Retailer de ourivesaria (enrolment)

2008 to 3450

2009 to 3559

2010 to 3932

2011 to 5055

From 2008 to 2009, they increased by 3% (109) the number of enrolment assigned to

urrivesaria retailer. In the following year (2009 to 2010), the addition was 10%

(373) and in the last period considered (2010 to 2011) there was an increase in

28.5% (1123).

Of the 5055 registered enrollees, in 2011, more than 50% per se has location in the

Districts of Lisbon (1118), Porto (1095) and Braga (422). And more than 70%, if

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we add the districts of Setúbal (381), Aveiro (309), Faro (278) and Santarém

(205).

Evolution of ourivesaria retailing activity, by district

District Var Annual (2008/2009)

2010 Var Annual 2011 var Annual

Aveiro 5% 224 16% 309 38%

Beja 0% 36 6% 56 56%

Braga 6% 311 14% 422 36%

Bragance 2% 52 16% 49-6%

White Castle

8% 61 7% 66 8%

Coimbra 2% 153 15% 188 23%

Évora 4% 50 6% 78 56%

Faro 5% 198 8% 278 40%

Guard 2% 44 5% 50 14%

Leiria 4% 154 12% 186 21%

Lisbon 3% 908 7% 1118 23%

Portalegre 3% 42 2% 49 17%

Port 3% 836 14% 1095 31%

Santarém 6% 155 15% 205 32%

Setúbal 3% 287 10% 381 33%

Viana do Castelo

7% 85 10% 117 38%

Royal Village-2% 87 10% 103 18%

Viseu 3% 87 10% 114 31%

Angra do Heroism

-14% 18 0% 22 22%

Funchal-2% 96 10% 117 22%

Horta 10% 11 0% 11 0%

Tip Delgada

-5% 37 -10% 41 11%

Totals 3% to 1) 3942 10% 5055 29%

1) 3450 enrolment, in 2008 and 3559, in 2009

If the evolution was like this until December 2011, by the indicators of the first

quarter of 2012 the growing pace remains, having been assigned 499

enrollment.

Considering that the annual renewal of enrollment takes effect in January of each

year, results that, if 488 new enrolments were entered, of the existing 5055 non

have been renewed 312.

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Thus, the March 31 last vigorated 5231 titles of ourivesaria retailers, the

representing the opening, as early as 2012, on average, of two new establishments

per day.

The realization that this new business strand finds itself in frank expansion

without the rules that guide it to be clear, the recurring news on the

'business of gold', to which they are not alheys these shops, and the growing conviction of

that regulation is incomplete and inappropriate has led to the Committee on Economics

and Public Works to be constituted, in December 2011, a working group,

named from 'buy and sell gold', which had as incumbent " a

assessment and evaluation of the actuality of the legislation in respect of the purchase and sale

of precious metals in 2. th hand, in the various strands, namely

licensing, trade, advertising, with a view to an eventual initiative

legislative ".

In May, the working group presented its findings and a set of

proposals. It is in that report that this Resolution Project inspires. Incidentally, your

reading is recommended so that they are better apprehended the recommendations that

below discriminate.

In this sense and having present that only current and assertive legislation, a

consequent surveillance and proper information are guarantors of a relationship

transparent negotiating, the undersigned Deputies propose that the Assembly

of the Republic, pursuant to the provisions of Article 156 (b) of the Constitution

of the Portuguese Republic and point (b) of Article 4 (1) of the Rules of the

Assembly of the Republic, adopt the following Resolution:

Recommend to the Government that:

1. Proceedings of the revision of Decree-Law No. 391/79 of September 20, which approves

the regulation of the Contrastaries, in time permitting the next

enrolment renewal-January 2013-be done under the new

normative.

2. For the purposes of the provisions of the preceding paragraph, attention will be taken, among

other, subjects and changes such as:

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2.1. Promote, in the recreation of a new model of enrolment, the distinction between the trade of goldsmith artefacts and the trade of precious metals (gold in yarn, in bar, in blade and bulk);

2.2. Decrease the number of enrolment now existing from the junction of the colleges bestowed upon them, pore there is too much segmentation in the possibilities of acting not to be found to reason that justifies it.

2.3. Create a unique tuition for purchase and sale of used artefacts

of precious metal, liable to be accumulated with the remaining enrollees, clearly defining the conditions.

2.4. Make it mandatory for the tuition referred to in the previous point, in addition

of the requirements that are required for the enrolment of retailers in general, possesses qualified / accredited technician, by INCM, S.A. -Contrastaries or other duly authorized entities, which is the holder of knowledge that allow to credibly credit assessments.

2.5. The holders of one of the other retail enrollees must,

likewise, have qualified personnel, in the cndictions to be defined by the regulator.

2.6. Provide for the conditions of annual non-renewal of enrolment or

suspension of the same, particularly by conviction of crime related to the activity exercised.

2.7. Mandatory daily fixation of the gold quotation, in establishments.

2.8. Undertake the assessment of the impacts inherent in the accumulation of the tuition

of purchase and sale of used artefacts from precious metal with the activity of 'pawn house'.

2.9. Protects 'works of art' from ourivesaria, calling for the intervention of the appropriate areas of knowledge, from the conception of a regime of protection to pieces of artistic value, in addition to what is already expressed in the protection and valorisation regime of cultural heritage-Law No 107/2001 of September 8.

The principle must be that it does not make the transaction impossible, but to condition, or make impossible, with precise, non-gravy rules for the owner of the good, the foundry of these artefacts.

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2.10. Apply to the activity of rehearsals-founders the use of electronic mechanisms, in replacement of the manual registers.

2.11. Re-appreciate the registration fields that are required of the test-founders, considering it useful that proper correspondence was made with the destination given to the delivered metal (quantity and weight of the parts), developing, to the effect, in a way gradual, compatible informatics responses.

2.12. Establish, for foundries, clear rules as to the conditions and labour space and technical requirement of the actors in the process.

At this point, it matters a careful reading of the above mentioned Report in order to understand the constraints of surveillance.

2.13. Evaluate the matriculation permit of the 'franchising' units, in

function of the existence of classification of economic activity (CAE) for the trade of precious metals in general.

2.14. Conscribe the mandatory identification of buyers on sale

in alcurrency.

2.15. Consider the proposal for Regulation, drawn up by INCM, S. A.-Contrastarias, as more of a working base, because it responds to subjects that lack response but innovative impetus should be introduced because it replicates many practices of the current Regulation that are outdated.

2.16. Increase the number of official evaluators, considering that face to the

current reality, an evaluator per comarch, with the exception of the cities of Lisbon and Porto, is manifestly insufficient.

In the face of this Regulation project, in addition to the maintenance of proposals such as :

2.17. Contemplation of artefacts that contain palladium;

2.18. Recognition of artefacts of precious metal and common metal;

2.19. Authorization of coated or chapped artefacts;

2.20. Prediction of new forms of marking of artefacts (safety and laser sticker labels)

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It is recommended to the Government that:

2.21. Drop the reference to the geographical constraint ("outside cities") in the enrolment faculties

and, by consequence,

2.22. The end of the permit dispensation and registration to, for example,

credit establishments. And promote:

2.23. Amendment of point (c) of Article 40º (c), as to the requirement of "own workshop" to 'Workshop Artist' for, for example, 'proper workshop';

2.24. Change of periods of training time and professional experience, as to the 'technical director';

2.25. Change of the annual automatic update factor of the emoluments;

2.26. Broadening the scope of the concept expressed in Article 1º-Notion;

2.27. Rectification, by lapse, of Article 30 (3), point (i) of point (d) of the

art 40º.

2.28. Extension of the faculties of the registration of 'service provider of ourivesaria';

2.29. Adequate responses to the exercise of jewellery activity considering that "the value of the piece is not only material" has the conceptual strand that should be valued

With respect to the areas of security and research:

2.30. Make the penal frame more deterrent as to the crime of prescripment,

admitting to the elimination of the possibility of convolation of the prison sentence in penalty of a fine.

2.31. Create an online record, from the responsibility of PJ, where the

operators / traders submit the information of the transactions, within a maximum of 24 hours after their occurrence, and for which they have access by assigned password.

The 'fields' to be completed, and the type of articles covered, should be defined by PJ itself, with the opinion of the entities that are taken up by appropriate, and shall not dispense with the image (photograph) of the artifact.

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It is desirable for this computer platform to be designed so that, over time, the intersection of information is possible, for certain of the utmost importance for the success of research processes.

It is also desirable that the 'field' of the photograph of the article be allowed widespread access to the public, particularly articles that are not made in series and therefore more easily identifiable what it takes for the cases of research. These recommendations relate to amendments to Article 14º of the Decree-Law No. 42/2009 of February 12 establishing powers of the units of the Judiciary Police.

2.32. Decrease the 'defenceless period' for less than twenty days with the

installation of the reporting model expressed at the previous point.

And, still,

3. Within the scope of the Supervisory Action, reinforces acting in number of

audits, as well as on all procedures to which the

activity is bound

4. Within the scope of Consumer Protection, give special attention to the disclosure of

information on the duties and rights of the actors.

5. In the framework of human resources and training:

5.1. Diversify and increase training for ASAE technicians;

5.2. Consider the existence of expert in ancient art at the service of the

Contrastaries;

5.3. Ensure the technical response of the Contrastaries with personnel

specialized;

5.4. Conceive, with the utmost urgency, the methodology of

formation / creditation of the mandatory specialists for the enrolment of

purchase and sale of precise metal used artefacts.

6. Reevaluate and update the Portaria that determines the rates and emoluments.

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Also, in other strands, it is recommended:

7. Which effectuate an appreciation to the trade of the gemstones.

8. Not available to INCM, S. A.-Contrastaries of capacity for this area, which

has already had, it is necessary to clarify how the control and recognition is proced

of these 'products' and what regulation should exist.

Palace of Saint Benedict, June 20, 2012

O/As Assembly/as,