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Proposal for Law No 117 /XII

Exhibition of Motives

Private security activity has been taking on significant contours in Portugal,

either in the protection of people and goods, or in the prevention and deterrence of the practice of acts

ilocytes.

The experience gained and consolidated in recent years, the growth tendential of the

sector, in the face of the growing requests and security needs of the citizens, alongside the

obligation to adapt the national legal planning to Community law,

constitute determining factors and grounds for a comprehensive review of the legal regime

which regulates private security activity, constituting the present law direct reflection of this

intention.

Thus, considered the application of the Decree-Law No. 35/2004 of February 21, amended

by Decree-Law No. 198/2005 of November 10 by Law No. 38/2008 of August 8, and

by the Decrees-Leis n. ºs 135/2010, of December 27, and 114/2011, of November 30,

identified important dysfunctions in the face of current reality, as well as the need for

preventing the practice of illicit acts, there is a fact that there is a need to carry out the present

reform.

Maintaining without amendment the defining principles of the exercise of security activity

private, concretely the pursuit of the public interest and the complementarity and the

subsidiarity in the face of the skills performed by the security forces and services,

proceeds to the clarification of the object of the private security activity.

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In allowance of the principles of certainty and legal certainty, it has chosen to elencate the concepts

used and respect legal definitions by introducing themselves to the function of operating tax of

public transport, proceeding further to the exclusion of the category of porter, without

forget about the realization of the functions of the surveillance personnel. It was taken advantage of the ensejo yet

to redefine the figure of the safety coordinator, which cede to be qualified as

surveillance personnel.

The employment contracts of private security personnel compulsorily pass the

rewear the written form, not being admitted to other types of contract, specifically the

of very short duration referred to in the Labour Code, for showing up

incompatible in the face of the specificity of private security activity. Also the

service contracts go on to rewear that form.

Requirements are still laid out for the forming entities with a view to their

adaptation and conformation to Community standards for recognition and verification of

professional qualifications, provided for in Law No. 9/2009 of March 4, which transposes to the

internal legal order to Directive No 2005 /36/CE, of the European Parliament and of the Council,

of September 7, concerning the recognition of professional qualifications, and the Directive

n. 2006 /100/CE of the Council of November 20, which adapts certain directives in the

area of the free movement of persons by virtue of the accession of Bulgaria and Romania, law

that which was amended by Law No. 41/2012 of August 28.

Also the private security consultancy entities, who wish to draw up studies of

security and organization projects, go on to be subject to authorization, and the same succeeding

with the entities proceeding to the installation, maintenance or technical assistance of material

and safety equipment or alarm plants, being mandatory for your registration

prior to the exercise of the activity.

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In the first case, although it is an instrumental function of private security, the entities

consultants do not cease to pursue the purposes of private security, i.e. the

protection of people and goods and the prevention of the practice of crimes.

It is important to attest that this activity, taking into account the Directive No 2006 /123/CE, of the

European Parliament and of the Council of December 12, 2006, found to be excluded from the

free movement, for integrating into the framework of private security services, principle

also expressed in the Decree-Law No. 92/2010 of July 26, which transposes to the

internal legal planning to be referred to Directive.

In the second case, although it is also an instrumental function of private security,

matter to harmonize the applicable technical standards and the requirements required in the sense of

guarantee the quality of the services provided.

They are still reviewed through this law the skills provided for the Director of Security,

which assumes embossed role in the architecture of this proposed law.

Regarding the professional card of the surveillance personnel, the property is deemed to be owned by

entity to which the worker finds himself bound and passes now to demand his delivery,

within 10 days, where there is a check on the non-existence of labour links with

private security entities, of mould to prevent situations of exercise of the activity outside

of the conditions laid down in this Law.

Nother strand, and with the aim of increasing the levels of safety and efficacy of the

crime prevention, introduce specific safety measures, to be applied by

credit institutions, financial companies and other entities subject to risk

specific.

Likewise, they are systematized in this Law, the rules applicable to the installation and

operation of alarm devices possessing siren, regardless of their

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connection to the entity authorised to explore and manage central revenue and monitoring centres

alarms, aiming at its harmonisation with the applicable technical standards in the framework of

European Union.

The present law further determines a modification of the current sanctionatory regime by altering-

if the conducts susceptible of being sanctioned to a crime title, as well as by predicting

a renewed catalogue of counterordinations and fines.

They were heard, on a mandatory basis, the National Data Protection Commission and the

Private Security Council.

They were heard, by the optional title, the Attorney General of the Republic, the Association

National of Pharmacies, the Portuguese Association of Banks, the Portuguese Association of

Insurers, the Portuguese Association of Petrolyphic Companies and the National Association of

Resellers of Fuels.

The hearing of the self-governing bodies of the Autonomous Regions of the Autonomous regions was promoted.

Superior Council of the Magistrature, of the Higher Council of Administrative Courts and

Fiscal, of the Higher Council of the Public Prosecutor's Office, of the Order of Lawyers, of the Bank

from Portugal, from the Commission on Regulatory Access to Professions, from the National Association of

Portuguese Municipalities and the Association of Pharmacies of Portugal.

Attentive to matter, at the headquarters of the legislative process taking place in the Assembly of the Republic to

present proposal of law shall be the object of public appreciation by the committees of

workers, trade union associations and employers ' associations, under the terms of the d)

of Article 54 (5) and (5) a) of Article 56 (2) of the Constitution of the Republic

Portuguese, as well as of Articles 469 to 475 of the Labour Code.

Thus:

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

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Assembly of the Republic the following proposal for a law:

CHAPTER I

General provisions

SECTION I

Object, scope and definitions

Article 1.

Object and scope

1-A This Law establishes the regime for the exercise of private security activity and the

safety measures to be adopted by public or private entities with a view to preventing the

practice of crimes.

2-A private security activity may only be carried out under this Act and

supplementary regulation and has a subsidiary and complementary function of the

activity of the state's public security forces and services.

3-For the purposes of this Law, private security activity is considered to be:

a) The provision of services to third parties by private entities with a view to the protection of

people and goods, as well as to the prevention of the practice of crimes;

b) The organization, by any entities and in its own advantage, of services of

self-protection, with a view to the protection of persons and goods, as well as to the prevention of

practice of crimes.

4-A professional training activity of private security personnel is considered

private security activity, being regulated in the terms of this law.

5-Stay excluded from the scope of this Law the doorbuster activities of

hotel and urban building doorman intended for housing or the offices, whose

activity is regulated by the municipal chambers, provided that it excluded from its scope

protection functions of persons and goods, as well as for the prevention of the practice of crimes.

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6-The Bank of Portugal is not subject to the measures provided for in this Law which are

show incompatible with the standards and recommendations adopted in the framework of the

European System of Central Banks.

Article 2.

Definitions

For the purposes of this Act and in supplementary regulation, it is understood

by:

a) "Security consultant entity", the entire private entity, natural person or

collective, duly authorized, which will provide services to third parties of drafting

security studies or safety plans and too much activities foreseen in the

point ( g) of Article 3 (1), in them if including the execution of audits of

security;

b) "Entity trainer", the whole public or private entity, natural person or

collective, duly authorized, endowed with resources and technical capacity and

organizer to develop processes associated with the training of personnel of

private security;

c) "Private security company", the entire private entity, natural person or

collective, duly authorized, whose social object consists exclusively in the

provision of private security services and that, regardless of the

designation that adopt, exercise an activity of providing services to third parties of

one or more of the services provided for in Article 3 (1);

d) "Security studies", the provision of consultancy services and or of

conceiving of procedures and measures to be adopted, in human and technical means,

with a view to the protection of persons and goods and the prevention of the practice of crimes;

e) "Fiscal of exploitation of public transport", the employee duly

enabled and ajurred that, on account of the public entity or the entity

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explorer of a public transport concession, checks for possession and validity

of the transport bonds, and may identify the utent and proceed to the

autuation, in case of fraud or lack of title of transport;

f) "Material and safety equipment", any electrical devices and or

electrolytes intended to detetate and signal the presence, input or attempt of

entry of an intruder into buildings or protected premises, to prevent entry

of weapons, substances and articles of use and possession prohibited or susceptible to

provoke acts of violence in the interior of buildings or places of vetted access or

conditioned to the public, as well as to control the access of people not

authorized and to capture, record and visualize protected space images;

g) "Monitoring of alarms", all acts and procedures related to the

receiving of alarm signals, as well as the response and reposition of alarms;

h) "Private security personnel", the people integrated into professional groups or

professions that exercise or understand the functions of surveillance personnel,

director of security and safety coordinator;

i) "Surveillance Personnel", the worker, duly authorized and authorized to exercise

the functions provided for in this Law, bound by contract of employment to

entities holding alvshall or licence;

j) "Safety Plans", the set of self-protection measures (organization and

procedures), with a view to the protection of persons and goods and the prevention of practice

of crimes, framed within the scope of private security activity;

k) "hotelry porter", the whole worker whose functions consist of controlling

the movement of entry and exit of guests, deliver and restitute keys of

rooms, to guide the baggage and mail recetion and ensure its distribution,

on registering the service of awakening and lost objects, in receiving and

transmit telephone communications and messages and provide information, in

effecting or guiding rounds on the floors and other dependencies, checking,

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namely, the operation of lights, air conditioning, heating and water

and in elaborating statistics and reports on customer complaints, transmitting them

to the competent departments;

l) "Urban building porter intended for housing or the offices", all the

worker whose roles consisted of controlling the movement of input and output

of residents and visitors, in providing information, in supervising or participating

in the cleaning, repair and maintenance of the interior of buildings, in care of

boilers and other central heating equipment of buildings, in supply

small services to absentee residents, namely, receiving orders

and goods, in informing managers and owners of buildings on the

need to carry out repair works, in order to ensure maintenance of

buildings, verifying, inter alia, the operation of lights, air conditioning,

heating and water, and in surveying buildings, to prevent and maintain their safety

against fires, disasters, floods, the activity of which is regulated by the chambers

municipal ones, sensing them vetting the activities provided for in Article 18;

m) "Seln-protection service", the internal private security services, which

any public or private entity, natural or collective person, duly

enabled, organizes in its own advantage, with recourse to the employees themselves,

within the scope of the private security activities provided for in this Law.

Article 3.

Private security services

1-The private security services referred to in Article 1 (3) comprise:

a) The surveillance of movable and immovable property and the control of entry, presence and exit of

people, as well as the prevention of the entry of weapons, substances and articles of use

and possession prohibited or susceptible to provoking acts of violence in the interior of

buildings or other places of vetted or conditioned access to the public;

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b) Personal protection, without prejudice to the unique competences attributed to the forces

of security;

c) The exploration and management of fearsome power plants and monitoring of alarm signals

and of videovigilance, as well as response services whose realization is not from the

competence of the security forces and services;

d) The transportation, the guard, the treatment and the distribution of funds and values and too much

objects that by their economic value may require special protection, without

injury to the own activities of financial institutions regulated by norm

special;

e) The screening, inspection and filtering of baggage and loads and the control of passengers in the

access to restricted areas of security at ports and airports, as well as the

prevention of the entry of weapons, substances and articles of use and possession prohibited or

susceptible to provoking acts of violence at airports, ports and in the interior of

aircraft and ships, without prejudice to the exclusive competences assigned to the forces

and security services;

f) The supervision of transport securities, under the supervision of the public entity

competent or of the holder of a public transport concession;

g) The elaboration of studies and plans for security and organization projects and

assembly of private security services provided for in this Law.

2-A provision of the services referred to in the preceding paragraph, as well as the requirements

minimum of the facilities and material and human means of the security entities

private suitable for the exercise of the activity, are regulated by poring of the member of the

Government responsible for the area of internal administration.

3-Excludes from the scope provided for in ( g) of paragraph 1 the services that:

a) Be provided by authorities or public entities targeting prevention

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criminal and the safety of persons and property;

b) Are provided by natural or collective entities in respect of studies and

projects targeting other risks other than the prevention of the practice of crime;

c) Are provided by natural or collective entities aiming at the safety of

information systems and the data stored by these systems.

Article 4.

Exercise of private security activity

1-The exercise of private security activity lacks authorization from the member of the

Government responsible for the area of internal administration, titled by alvshall, licence or

authorization.

2-A private security activity can be exercised:

a) By private security companies;

b) By entities that organize self-protection services within the framework of services

provided for in points a) a d) of paragraph 1 of the preceding Article;

c) By security consultancy entities;

d) By trainer entities.

SECTION II

Prohibitions and rules of conduct

Article 5.

Prohibitions

1-It is prohibited, in the exercise of private security activity:

a) The practice of activities that have per object the pursuit of goals or the

performance of functions corresponding to exclusive competencies of the

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judicial or police authorities;

b) Threatening, inhibiting, or restricting the exercise of rights, freedoms and guarantees or

other fundamental rights, without prejudice to the set out in paragraphs 1 and 2 of the article

19.

c) The protection of goods, services or persons involved in illicit activities.

2-The entities and the private security personnel, in the exercise of security activity

private, cannot interfere with or intervene in demonstrations and public meetings, nor in

conflicts of a political, trade union or labour force, without prejudice to compliance with the

general duties arising from the respective activity in the places where they are provided

services.

3-It is still forbidden to any person, collective or singular:

a) Install and use security systems susceptible to making life-like danger or the

physical integrity of people;

b) Train or instruct outrain, by any means, on methods and techniques of

military or police scope, regardless of the denomination adopted;

c) Install susceptible alarm systems of triggering an automatic call,

without any human intervention, for the national emergency number or for

the security forces.

Article 6.

Professional secret

1-The entities and private security personnel are required to keep professional secret.

2-A breach of professional secrecy can only be determined under the legislation

criminal and criminal procedure and in the cases expressly provided for in this Law.

CHAPTER II

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Security measures

Article 7.

Mandatory safety measures

1-The companies or industrial, commercial or service entities covered by the present

law adopt the mandatory safety measures provided for in this article, with the

purpose of preventing the practice of crimes.

2-The adaptation works that are necessary to be made in the establishments, with a view to

adoption of the mandatory safety measures, are communicated to the owner of the

space, which you cannot object to your achievement, save when the same ones show

susceptible to provoking structural or stability risks in the building.

3-The mandatory safety measures may include:

a) The creation of a security department, regardless of its

designation;

b) The existence of a director, regardless of his or her designation, enabled with

the specific training of director of security provided for in this Law, or

equivalent training that comes to be recognized;

c) The mandatory implementation of a surveillance service endowed with staff

of private security enabled pursuant to this Act;

d) The installation of videovigilance devices and safety and protection systems;

e) The connection of the security systems to the centre of own or entity alarms

authorized pursuant to this Act;

f) The imposition of rules of conduct targeting the reduction of risks for people and goods and

the prevention of the practice of crimes.

4-The companies or industrial, commercial or service entities that will require

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effecting the transport of currency, notes, funds, bonds, precious metals or works of art

of value, are obliged to turn to entities authorized to provide the services of

private security provided for in the paragraph d) of Article 3 (1), when the value in question

is greater than € 15000.

5-A compulsion referred to in the preceding paragraph shall only apply to credit institutions or

financial companies when the value in question is greater than € 25000.

6-The provisions of paragraphs 4 and 5 shall not apply if the company or the industrial, commercial entity

or of services is authorized with the permit provided for in paragraph d) of paragraph 2 of the

article 15.

Article 8.

Mandatory adoption of security systems

1-Credit institutions and financial companies are required to adopt a system

and specific security measures that include:

a) A central department of security, in the direct dependence of the organ

executive, being the respected director, habilitated with the specific training of

director of security provided for in this Law, or equivalent qualification that

come to be recognized, the responsible for identification, development,

implementation and management of the institution's security strategy and program or

society;

b) The installation of a videovigilance system;

c) The installation of safety and protection devices;

d) A control plant, receiver of alarm and videovigilance signals, own

or through private security company enabled with the target alvshall envisioned in

point ( c) of Article 14 (2), provided that it has secured permanent contact with

the security forces.

2-The managing entities of commercial assemblies with a locable gross area equal to or

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greater than 20000 m2 and large trade surfaces, which have the level

national, from an area of sale accumulated equal to or greater than 30000 m2, are obliged

adopting a security system that includes:

a) A director of security, enabled with the specific training of director of

safety provided for in this Act, or equivalent qualification that comes to be

recognized, who is the responsible for identification, development,

implementation and management of the entity's security strategy and program;

b) The installation of a videovigilance system;

c) The installation of safety and protection devices;

d) A control plant, receiver of alarm and videovigilance signals, own

or through private security company enabled with the target alvshall envisioned in

point ( c) of Article 14 (2).

3-Without prejudice to the provisions of special legislation, the gambling establishments of

fortune or bad luck, from bingo or where to proceed to the display, purchase and sale of metals

precious and works of art are required to adopt a system and security measures

specific that include:

a) The installation of a videovigilance system;

b) The installation of security and protection devices.

4-A The obligation provided for in the preceding paragraph is extendable to pharmacies and posts of

fuel supply.

5-A control plant provided for in paragraphs 1 and 2 may be the same as the post of

security provided for in the legal regime for fire safety in buildings, since

that complied with the technical requirements in it.

6-The minimum technical requirements of the systems provided for in paragraphs 1 a to 4 and the conditions of the

its implementation is defined by the porterie of the member of the Government responsible for the

area of internal administration.

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Article 9.

Spectacles and public amusements and places of fun

1-The catering and beverage establishments that have rooms or spaces

intended for dance or where usually to dance, are required to have a

safety system in the physical space where the activity is exercised, in the terms and

conditions set in own legislation.

2-A The achievement of sporting spectacles in sports precincts depends, on the terms and

conditions set by porterie of the members of the Government responsible for the areas of

internal administration and sport, of the fulfilment of the obligation to have a

safety system that includes sports recorder assistants and too much measures of

security provided for in this Act and in special legislation.

3-A The realization of spectacles and amusements in authorized precincts depends, on the

terms and conditions fixed by porterie of the members of the Government responsible for the

areas of internal administration and culture, fulfilment of the obligation to have

of a security system that includes precinct assistants of spectacles and too much

means of surveillance provided for in this Law and in special legislation.

4-The provisions of the preceding paragraph shall not apply:

a) The spectacle of artistic depiction of singing, dancing and music held in

enclosure endowed with permanent and reserved seats to the spectators, nor the

spectacles of artistic representation of theatre, literature, cinema, tauromaquia and

circus;

b) The fun and precinct precincts intended for spectacles of nature no

artistic.

5-The entities that by their characteristics or services provided may be

deemed to be of safety risk may be required to adopt means of security

specific, by limited period in time, established in the member of the member of the

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Government responsible for the area of internal administration.

Article 10.

Installation of euro banknote dispensing equipment

1-A installation of euro banknote dispensing equipment (ATM) is subject to

prior assessment of the safety conditions of the place of installation and compliance

of the technical requirements and security measures provided for in this Law, targeting the

protection of people and goods and the prevention of the practice of crimes.

2-The technical requirements, safety measures and evaluation procedures and

maintenance operations are defined by dispatching of the member of the Government

responsible for the area of internal administration.

Article 11.

Installation of alarm devices with siren

1-A installation of motionless alarm devices that posits exterior siren or

communication equipment susceptible of triggering a call to the number

national emergency or security forces is subject to communication and registration

in the area's police authority, within five working days later than its assembly.

2-A communication to which the previous number is referred to is effected by the owner or

user of the alarm and contains the name, the address and contact of the persons or services

that, permanently or by scale, can at any time turn off the apparatus

that there is an actuation.

3-The owner or user of the alarm ensures that the own or the persons or services

referred to in the preceding paragraph, within three hours, counted from the communication

of the competent police authority, attend on the spot and proceed to the reposition of the alarm.

4-The technical requirements of equipment, operating conditions and the model of

communication referred to in paragraph 2 are approved by porterie of the member of the Government

responsible for the area of internal administration.

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CHAPTER III

Private security companies and services

SECTION I

Types of entities

Article 12.

Private security companies

1-Societies wishing to exercise private security activity shall constitute-

whether in accordance with the applicable law of a member state of the European Union or of

a state party to the Agreement on the European Economic Area.

2-Are not considered private security companies the persons, singular or collective,

whose object is the provision of services to third parties of conceit, of sale, of installation,

of maintenance or technical assistance of material and safety equipment or of

alarm plants.

3-Without prejudice to the provisions of the preceding paragraph, the entities that proceed to the project,

installation, maintenance or technical assistance of material and safety equipment

or of alarm plants are required for prior registration in the National Directorate of Police

of Public Security (PSP).

4-The requirements and the registration procedure referred to in the preceding paragraph are

defined by portaria of the member of the Government responsible for the area of the administration

internal.

Article 13.

Organization of self-protection services

1-The self-protection services referred to in para. b) of Article 1 (3) are organized

with exclusive recourse to workers bound by contract of employment with the

holder of the respect of the licence.

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2-The self-protection services provided for in the previous number can be complemented

with recourse to the provision of services of entities holding alvents suitable for the

effect.

SECTION II

Types of alvaras, licences and permits

Article 14.

Types of alvaras

1-A The authorization for the provision of private security services is titled by alvshall.

2-In accordance with the classification of the services provided and the purposes for which they are intended, the

exercise of private security activity comprises the following types of alvaras:

a) Alvshall A, which authorises the provision of the services provided for in points a) , e) , f) and g)

of Article 3 (1);

b) Alvará B, which authorises the provision of the services provided for in points b) and g) from the

n Article 3 (1);

c) Alvará C, authorising the provision of the services provided for in points c) and g) of paragraph 1

of Article 3;

d) Alvará D, authorising the provision of the services provided for in points d) and g) from the

n Article 3 (1).

3-The alvshall referred to in paragraph c) of the previous number authorizes the security company

private to the exercise of the activities of trade, installation, maintenance and assistance

equipment and electrical or electrolytic systems of alarm, of extinction

automatic fire and videovigilance.

4-A authorisation provided for in the previous number not dispensing, concerning equipment

of automatic extinguishing of fires, the registration and fulfilment of the foreseen requirements

in special legislation.

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5-A provision of the services provided for in points e) and f) of Article 3 (1), authorised

by the alvshall provided for in the paragraph a) of paragraph 2, does not discharge the private security company

compliance with the requirements set out in special legislation, a fact that must be

object of averaging in the respect alvará.

Article 15.

Type of licenses

1-A authorization for the organization of internal self-protection services is titrated by

license.

2-In accordance with the classification of the authorized services and the purposes for which they are intended, the

exercise of private security activity in self-protection regime comprises the

following types of licences:

a) License A, which authorizes the organization of the services provided for in the paragraph a) of paragraph 1

of Article 3;

b) Licence B, which authorises the organisation of the services provided for in the paragraph b) of paragraph 1

of Article 3;

c) License C, which authorizes the organization of the services provided for in the c) of paragraph 1 of the

article 3;

d) License D, which authorizes the organization of the services provided for in the d) of paragraph 1

of Article 3.

Article 16.

Authorization of trainer entities and security consultants

1-A professional training activity of private security personnel can only be

exercised by trainer entities upon authorization of the member of the Government

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responsible for the area of internal administration, after verification of compliance with the

requirements set out in this Law.

2-A activity of private security consultant entity, for the provision of the services

provided for in paragraph g) of Article 3 (1), can only be exercised by permission

of the member of the Government responsible for the area of internal administration and registration

prior, after verification of the fulfilment of the requirements set out in this Law.

CHAPTER III

Personnel and means of private security

SECTION I

Private security personnel

Article 17.

Surveillance personnel

1-The surveillance personnel comprise the following specialties:

a) Vigilante;

b) Security-porteiro;

c) Protection of protection and personal follow-up;

d) Assistant sports precinct;

e) Precinct assistant of spectacles;

f) Assistant of ports and airports;

g) Vigilante of transport of values;

h) Tax for the exploitation of public transport;

i) Operator of the alarm center.

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2-Professional groups or occupations, regardless of their designation or

category provided for in collective employment contract, which exercise or understand the

functions corresponding to the specialties provided for in the preceding paragraph, become subject

to the regime established by this Law.

3-For the purposes of this Act, the value operator shall be equated with the staff of

surveillance, and must permanently and cumulatively fill the requirements set out in the

points a) a d) , f) and g) of Article 23 (1).

Article 18.

Functions of surveillance personnel

1-The surveillance personnel shall exclusively carry out the functions of the functional content of the

specialties to which you are entitled and enabled pursuant to this Law.

2-The vigilante exclusively exercises the following functions:

a) Surveying and protecting people and goods in vedated or conditioned access places to the

public, as well as preventing the practice of crimes;

b) Control the entry, presence and exit of people and goods in places of access

vedated or conditioned to the public;

c) Preventing the practice of crimes in relation to the object of its protection;

d) Perform response and intervention services regarding alarms that if

produce in central receiving and monitoring of alarms;

e) Carry out personal prevention and safety magazines, when authorized

expressly by dispatch of the member of the Government responsible for the area of

internal administration, in places of vetted or air-conditioned access to the pudak,

subject to enhanced security measures.

3-The security-porter exercises exclusively the following functions:

a) Surveying and securing movable and immovable property and persons in establishments of

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restoration and drinks with dance space or where usually to dance,

required to adopt safety systems pursuant to special legislation;

b) Control the entry, presence and exit of people from the establishments

provided for in the preceding paragraph, with recourse to the means provided for in legislation

special, aiming to detetate and prevent the introduction of prohibited objects and substances

or susceptible to enabling acts of violence;

c) Preventing the practice of crimes in relation to the object of its protection;

d) Guide and provide support to users of the said spaces in situations of

emergency, particularly those involving the evacuation of the establishment or

enclosure.

4-The sports recorder assistant exclusively exercises the following functions:

a) Surveying the sports enclosure and safety rings, fulfilling and enfording the

regulation of use of the enclosure;

b) Control the accesses, including deteting and preventing the introduction of objects and

substances prohibited or susceptible to enabling acts of violence;

c) Control the ticket titles and the proper operation of equipment

intended for this purpose;

d) Surveil and keep track of spectators in the different sectors of the enclosure, as well as

provide information regarding the organization, infrastructure and outputs of

emergency;

e) Prevent, follow up and control the occurrence of incidents by proceeding to your

immediate communication to the security forces;

f) Orient the spectators in all emergency situations, especially those that

entail the evacuation of the enclosure;

g) Follow up, for collaboration on game security, groups of fans who se

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get off to another sports enclosure;

h) Inspect the premises, preview and later each sporting spectacle,

in compliance with safety standards and regulations;

i) Preventing spectators from circulating, inside the enclosure, from one sector to another;

j) Prevent that, during the making of the game, the spectators will get out of their

places in such a way that, inter alia, prevent or obstruct access roads and

of emergency.

5-The spectacle enclosure assistant exclusively exercises the following functions:

a) Surveying the enclosure of spectacles and safety rings, fulfilling and doing

comply with the regulation of use of the enclosure;

b) Control the accesses, including deteting and preventing the introduction of objects and

substances prohibited or susceptible to enabling acts of violence;

c) Control the ticket titles and the proper operation of equipment

intended for this purpose;

d) Watch and follow up on the spectators during the shows as well as provide

information regarding the organization, infrastructure and emergency exits;

e) Prevent, follow up and control the occurrence of incidents by proceeding to your

immediate communication to the security forces;

f) Orient the spectators in all emergency situations, especially those that

entail the evacuation of the enclosure;

g) Inspect the premises, preview and later each spectacle, in

compliance with safety standards and regulations.

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6-The assistant of ports and airports, in the frame of civil aviation security or

maritime protection, exercises exclusively the following functions:

a) Control of access for persons, vehicles, aircraft and maritime vessels;

b) Screening of passengers, crew and ground personnel;

c) Trace of transported objects and vehicles;

d) Trace of cabin and hold baggage;

e) Trace of cargo, mail and express orders;

f) Postal mail trace;

g) Postal and material mail screening of air or sea carriers;

h) Tracing of provisions and other supplies of restoration of carriers

air or sea;

i) Tracing of products and other cleaning supplies of air carriers

or sea.

7-The transport watchdog of values shall exclusively carry out handling functions,

transport and security of banknotes, currencies, bonds and other values and conducts vehicles of

transport of values.

8-The transport tax supervisor exclusively exercises verification functions of the

possession and validity of the transport securities, on account of the public entity or the entity

explorer of a public transport concession.

9-The alarm center operator specifically plays the functions of operation

of central receiving and monitoring of alarm and videovigilance signals,

by effecting the treatment of alarms, notably by requesting the intervention of the

suitable entities depending on the type of alarm.

10-The value operator exercises exclusively receiving functions, counting and

treatment of values.

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11-The vigilante is empowered to perform the duties corresponding to the specialty of

alarm centre operator and the security-porter enabled to perform duties

corresponding to the vigilante and operator specialty specialties of alarms.

Articles 19 para.

Personal prevention and safety magazines

1-Sports enclosure assistants, in the control of access to sports precincts,

as well as port and airport assistants, in the control of access to restricted areas

of security of port and airport facilities, can check personal magazines

of prevention and safety with the strict objective of preventing the entry of objects and

substances prohibited or susceptible to generating or enabling acts of violence, and may,

for the purpose, to resort to the use of metal and explosives detetion rackets or to operate

other non-intrusive magazine equipment with the same purpose, beforehand

authorized.

2-For a period delimited in time, and upon dispatch of the member of the Government

responsible for the area of internal administration, personal magazines may be authorised

of prevention and safety at places of vetted or conditioned access to the public, which

justify enhanced protection, and the private security personnel may duly

qualified to use appropriate technical means, specifically detetion raquets of

metals and explosives or operate other non-intrusive magazine equipment with the

same purpose, previously authorized, as well as inspection equipment not

luggage intrusive, with the strict goal of detearing and preventing the entry of people

or prohibited objects and substances prohibited or susceptible to generating or enabling acts

that they jeopardize the safety of people and goods.

3-A entity authorized to carry out personal prevention and safety journals on the terms

of the preceding paragraph, promotes the affixing of the permission granted, in visible place,

close to the access control sites.

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Article 20.

Coordinator of security

1-The safety coordinator exercises the functions provided for in Law No. 39/2009, 30 of

July, amended by Decree-Law No. 114/2011 of November 30.

2-The safety coordinator must fill, permanently and cumulatively, the

requirements set out in points a) a d) , f) and g) of Article 23 (1), as well as having

frequented training course defined by porterie of the members of the Government

responsible for the areas of internal administration and sport.

Article 21.

Director of Security

1-The entities that exercise the private security activity dispose of a director of

security.

2-To the director of security competes, in general:

a) Planning, coordinating and monitoring the implementation of private security services;

b) Managing the resources related to private security that are

assigned;

c) Organizing, directing and inspecting private security personnel and promoting the

training and professional updating of the said personnel;

d) Ensure contact with the forces and security services;

e) To ensure compliance with the standards applicable to the exercise of the activity of

private security;

f) Carry out risk analyses, audits, inspections and safety plans, as well as

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advising the managers ' bodies of private security entities.

3-Security director roles are not accumulatable with the posts of

administrator or manager of entities provided for in this Law.

4-The conditions under which the security entities are required to have a director of

safety are fixed by porterie of the Government member responsible for the area of

internal administration.

Article 22.

Contract of work

1-The employment contracts of the private security personnel and the director of security

are of written form.

2-The very short working contracts referred to in the Labour Code,

they are not admissible for the purposes of the exercise of private security activity.

Article 23.

Requirements and incompatibilities for the exercise of private security activity

1-The administrators or managers of societies that exercise the security activity

private must fill, permanently and cumulatively, the following requirements:

a) Being a Portuguese citizen, of a member state of the European Union, of a State

part of the Agreement on the European Economic Area or, under conditions of

reciprocity, of a Portuguese official language state;

b) Possess the compulsory education;

c) Possess full civil capacity;

d) Not to have been convicted, by sentence carried on trial, by the practice of crime

doloso provided for in the Criminal Code and too much criminal law, without prejudice to the

judicial rehabilitation;

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e) Do not exercise, nor have exercised, the roles of manager or entity administrator

authorized for the exercise of the convicted private security activity, by

definitive or transitioned decision on trial, in the three preceding years, by the practice

of three very serious counterorders provided for in the Decree-Law No. 35/2004, of

February 21, as amended by Decree-Law No. 198/2005 of November 10 by the

Law No. 38/2008, of August 8, and by the Decrees-Laws 135/2010, of 27 of

December, and 114/2011, of November 30, in this Law or in legislation

labour or relative to social security, or by the practice of three counterordinations

serious ones provided for in tax legislation;

f) Not to exercise, or have exercised, to any title, job title or function of surveillance of the

exercise of private security activity in the three preceding years;

g) Not to have been sanctioned, by decision transitioned on trial, with the penalty of

separation of service or punishment of an expulsive nature of the Armed Forces, of the

services that integrate the Information System of the Portuguese Republic or the

security forces and services, or with any other penalty that will make it impossible to

maintenance of the functional bond.

2-Surveillance Personnel must complete, permanent and cumulatively, the requirements

provided for in points a) a d) , f) and g) of the previous number.

3-The responsible for self-protection services and the director of security must

fill, permanently and cumulatively, the requirements set out in the points a) , c) , d) , f)

and g) of paragraph 1, as well as having completed the 12. year of schooling or equivalent.

4-Private security trainers must fill in, permanent and cumulatively,

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the requirements set out in the ( c) , d) and e) of paragraph 1, as well as having completed the 12 th year

of schooling or equivalent, with the training managers and the coordinators

pedagogics of the forming entities must fill in permanent and cumulatively

the requirements set out in the ( c) , d) and e) of paragraph 1, as well as being course holders

top.

5-Are specific requirements for admission and permanence in the profession of the staff of

surveillance:

a) Possess the physical robustness and psychological profile required for the exercise of the

your duties, upon examination of health and proven by fitness sheet,

accompanied by compulsory psychological examination, issued by doctor of the work,

pursuant to the current legislation, or proven by a fitness sheet or

equivalent examination effected in another member state of the European Union;

b) Have frequented, with harnessing, training courses on the terms

set out in Article 9, or identical courses taught and recognized in another

Member State of the European Union, or in State part of the Agreement on the

European Economic Area, without prejudice to the provisions of Law No 9/2009, of 4 of

March, amended by Law No. 41/2012, of August 28.

6-It is a specific requirement of admission and permanence in the profession of director of security,

as well as for the exercise of the functions of responsible for the self-protection services,

the frequency, with harnessing, of courses of programmatic content and duration

fixed in portaria of the member of the Government responsible for the area of the administration

internal or equivalent courses taught and recognized in another member state of the

European Union.

7-The nationals of another member state of the European Union lawfully empowered and

authorized to exercise private security activity in that state may

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perform such duties in Portugal on the terms set out in this Law, since

that demonstrate that the following requirements have been met:

a) To perform the duties of director of safety and the responsible of the

self-protection services, the requirements provided for in paragraphs 3 and 7;

b) To perform the duties of private security personnel, the requirements

provided for in paragraphs 2 and 5.

8-The nationals of another member state of the European Union must possess

sufficient knowledge of Portuguese language for the exercise of personnel functions

of surveillance, director of security, safety coordinator and trainer.

9-Compliance with the minimum requirement referred to in para. d) of paragraph 1 is awounded by the

presentation of criminal record certificate for special purposes.

10-The examination referred to in point a) of paragraph 5 is considered to be health examination for

effects of the legal regime on the promotion of safety and health at work.

11-The minimum requirements and the evaluation of examinations referred to in the a) of paragraph 5 are

defined by porterie of the members of the Government responsible for the areas of

internal administration and health.

Article 24.

Vocational training

1-A The professional training of private security personnel comprises:

a) The initial qualification training;

b) The update training;

c) The supplementary training.

2-The contents, the duration of the courses, as well as the requirements of the faculty, are

defined by portaria of the member of the Government responsible for the area of the administration

internal.

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3-The recognition, validation and verification of professional qualifications, for the purposes of

this Act and in accordance with the provisions of Law No 9/2009 of March 4,

amended by Law No. 41/2012 of August 28 on qualifications

professionals acquired in another member state, compete with the National Direction of PSP,

on the terms defined by the porterie of the Government member responsible for the area of

internal administration.

4-Any publicity within the scope of private security training contains

mandatorily the commercial designation of the trainer entity and the number of the

respects authorization.

Article 25.

Professional card

1-For the performance of its duties, the surveillance personnel shall be cardholder of professional card,

property of the private security company at the service of which it exercises, issued by the

National direction of PSP, valid for the term of five years and susceptible of renewal by

equal periods of time.

2-The professional card is issued, in the terms of the preceding number, to nationals of another

State member of the European Union possessing the requirements set out in the article

23. or that prove to meet such requirements, in accordance with checks and checks

effected in the State of origin.

3-A The renewal of the professional card implies the frequency of an update course or

of an equivalent course taught and recognized in another Member State of the Union

European, as well as the verification of the requirements and incompatibilities referred to in

article 23.

4-The surveillance personnel carry out the delivery of the professional card to the company's respective company,

upon receipt of proof, within 10 working days after the cessation of the bond

labour, even if it finds itself pending a court decision, whenever it occurs

extinction of that bond.

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5-Without prejudice to the provisions of the preceding paragraph, the private security company shall, in the

period of five working days, communicate to the National Direction of PSP the cessation of the bond

labour of any employee at their service.

6-A non-delivery of the professional card to the respective private security company, on deadline

set out in paragraph 4, constitutes grounds for the cancellation of the same.

7-Within five working days after the receipt of the professional card, the company of

private security makes its delivery in the National Directorate of PSP.

8-The professional card model and the procedures for its issuance are defined

by porterie of the member of the Government responsible for the area of internal administration.

Article 26.

Uniforms, badges, symbols and marks

1-The models of uniform, distinguishing, symbols and marks to be used by the entities or

surveillance personnel in the exercise of the activities provided for in points a) , c) and d) a f) from the

n Article 3 (1), as well as the respect of the amendments, are approved by dispatch of the

member of the Government responsible for the area of internal administration.

2-The models of approved uniforms for the entities holding alvshall or licence are

of exclusive use of the surveillance personnel.

3-The models of approved uniforms are an integral part of the alvshall or the licence, as

attachment.

4-The requirements for approval of the model of uniform, badges, symbols and marks to

referred to in paragraph 1, are defined by the porterie of the responsible Government member

by the area of internal administration.

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Article 27.

Elements of mandatory use

1-The surveillance personnel, when in the performance of the functions provided for in points a), c) and d) a

f) of Article 3 (1), it shall compulsorily use:

a) Uniform;

b) Professional card I bet visibly.

2-Use of uniform is not mandatory for the surveillance personnel to exercise the

specialty of alarms central operator.

3-The surveillance personnel, when carrying out functions of assistant sports recon and

precinct enclosure assistant, must compulsorily use overvest of

identification where it conspicts in a perfectly visible manner the word "Assistant", with the

charateristics fixed in portaria of the member of the Government responsible for the area of

internal administration.

4-A employer develops all efforts to make its employees

comply fully with the requirements set out in the preceding paragraphs.

SECTION II

Means of private security

Article 28.

Permanent contact desk

1-The alvshall-holding entities ensure the permanent presence in their premises of

personnel who ensure contact, at all time, through radio or other means of

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idotous communication, with the surveillance personnel, the users of the services and the

security forces.

2-For the purposes of the provisions of the preceding paragraph and provided that it posits more than one

operational installation, the alvshall holder entity shall indicate in which or which of them

works the permanent contact.

3-Permanent contact is compulsorily assured by private security personnel.

Article 29.

Means of electrochemical surveillance

1-The entities holding alvshall or leave for the exercise of the services provided for in the

points a) , c) and d) of Article 3 (1) may use electro-electronic equipment of

surveillance with the aim of protecting people and property, as long as they are ressaved the

rights and constitutionally protected interests, being mandatory for its registration in

National direction of PSP, in the terms defined by the porterie of the member of the Government

responsible for the area of internal administration.

2-A recording of images and sound made by private security entities or services of

self-protection, in the exercise of its activity, through electrolytic equipment of

surveillance, must be kept by the 30-day deadline, fining which is destroyed, only

may be used under the Criminal Procedural Law.

3-In the places object of surveillance with recourse to the means provided for in the figures

previous is mandatory to be affixed in a well-visible location of a warning with the following

dizeres, as the case may be, "For your protection this site is object of videovigilance" or

" For your protection, this location is object of videovigilance with caption and recording of

image and sound ", followed by identiactive symbol and entity identification and

respects alvshall or licence, in the terms defined by the porterie of the member of the Government

responsible for the area of internal administration.

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4-A authorisation for the use of the means of electronic surveillance in the terms of the present

law shall be without prejudice to the application of the general scheme in relation to the protection of data provided

in Law No. 67/98 of October 26, specifically on the subject of right of access,

information, opposition of holders and sanctionatory regime.

Article 30.

Possession of a weapon

1-The surveillance personnel are subject to the general regime of use and possession of a weapon, and may

in this case, in particular, shall resort to the weapons of class E provided for in points a) and b) from the

n Article 3 (7) of Law No 5/2006 of February 23, as amended by Laws 59/2007,

of September 4, 17/2009, of May 6, 26/2010, of August 30, and 12/2011, of 27

of April.

2-In service, weapon size is only allowed if authorized in writing by the entity

employer, and the permit may be revoked at all time.

3-A The authorization provided for in the preceding paragraph is annual and expressly renewable, issued

in individual name and contains the type of weapon and its technical specifications.

4-A The authorisation provided for in paragraph 2 is communicated in the shortest term, which cannot

exceed 24 hours, to the National Direction of PSP.

5-The remaining weapon-carrying conditions are defined by porterie of the member of the

Government responsible for the area of internal administration.

Article 31.

Canids

1-Alvard or licence-holding entities may only use canids for the

monitoring of vigilance personnel duly authorized by the entity

competent.

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2-A use of canids is subject to the general respect regime for identification, registration and

licensing.

3-In service, use of canids is only permitted provided that it is authorized in writing by the

employer, and the permit may be revoked at all time.

4-The entities using canids as a complementary means of safety must

have a minimum capital specific civil liability insurance of € 50000 and

too many requirements and conditions set by porterie of the members of the Government

responsible for the areas of finance and internal administration.

5-The conditions of use of canids and the proofs of evaluation of the same are

defined by porterie of the member of the Government responsible for the area of the administration

internal.

Article 32.

Other technical means of security

1-The holding or licence-holding entities ensure the distribution and use by their

surveillance personnel of ballistic protection jackets, whenever the risk of the activities to

develop the justices.

2-The use of unforeseen technical means of security may be authorised in the

present law by dispatching the member of the Government responsible for the area of

internal administration, heard the Privy Security Council.

3-The carateristics of the viatures used in the exercise of private security activity

are fixed by porterie of the member of the Government responsible for the area of the administration

internal, and may not be confused with those used by the forces and services of

safety nor with emergency viatures.

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4-Not allowed the use of handcuffs, batons, trunks, lanterns of length

greater than 0.30 m and of equidae in the provision of private security services.

SECTION III

Duties

Article 33.

Duty of collaboration

1-The entities holding alvshall or leave, as well as personal respect, shall

provide the public authorities with all the collaboration they are asked for.

2-In the event of intervention by the forces or security services in places where also

act private security entities, these must put their human means and

materials at the disposal and under the direction of the command of those.

Article 34.

Duty of identification

1-Private security personnel consider themselves to be identified whenever they duly

uniformed and with the professional card I bet visibly.

2-Without prejudice to the provisions of the preceding paragraph, the surveillance personnel in the exercise of the

your duties shall promptly display the professional card, whenever this is

requested, in the sense of attest to their professional condition.

Article 35.

Special duties

1-Constitut special duties of the entities holding alvshall or licence:

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a) Communicate immediately to the competent judicial or police authority the practice of

any crime of which they have knowledge in the exercise of their activities;

b) Diligenar so that the acting of the private surveillance personnel does not induce the

public to confuse it with the forces and security services;

c) Organize and keep up to date an informatics record of activities,

permanently updated and available, for consultation of the entities

scrubbers;

d) Making permanently proof, together with the National Direction of PSP, of existence and

maintenance of the surety provided in favour of the State and compulsory insurance

required pursuant to this Act, within 15 working days after its

celebration, alteration or renewal;

e) Making permanently proof, along with the National Directorate of PSP, of the non-existence

of tax debts and social security, and may for the purpose of providing the codes

of access to the permanent certificates of your tax and social security situation or

provide consent to the consultation of the said situations;

f) Communicating to the National Directorate of PSP, within 15 working days, the changes to the

social compact and administrators, managers or those responsible for the services of

self-protection, making proof of the fulfilment of the requirements set out in the

article 23, as well as the opening or closing of subsidiaries and facilities

operational;

g) Check, at all times, compliance with the requirements laid down in Article 23,

communicating to the National Direction of PSP all occurrences that imply

loss of capacity for the exercise of duties;

h) Organize and keep up-to-date individual files of the security personnel

private to your service, including the copy of the professional card and certificate of the

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criminal record, updated annually, as well as the date of admission to the service;

i) Communicating to the National PSP Directorate, in the 24 hours prior to the start of the

activity, the admissions of the private security personnel and the director of security

and, in the five working days subsequent to the cessation of the activity, the disposals

contractual;

j) Refer monthly to the National Directorate of PSP for the registration of incidents of acts

ilocytes that they have knowledge of;

k) Communicating to the National Directorate of PSP, within eight days, the cessation of

activity, for the purposes of cancelling the alvshall or the granted license.

2-Constituent special duty of the entities holding alvshall mention the respect number

in billing, matching and advertising.

3-Constitui still special duty of the entities authorized to provide training, the sending

of the technical sheet of the training actions to be provided in the terms provided for in the porterie of the

member of the Government responsible for the area of internal administration.

4-For the purposes of the Decree-Law No. 156/2005 of September 15, as amended by the

Decrees-Laws No 371/2007, of November 6, 118/2009, of May 19, 317/2009,

of October 30, and 242/2012, of November 7, the National Direction of PSP is the

market control entity.

Article 36.

Registration of activities

1-From the informatics record referred to in the c) of paragraph 1 of the previous article are listed

following elements:

a) Assignment and tax identification number of the customer;

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b) Number of the contract;

c) Type of the service provided;

d) Date of start and end of the contract;

e) Place or places where the service is provided;

f) Time of provision of services;

g) Human means used;

h) Material means and technical charateristics of these means.

2-The provisions of the preceding paragraph shall apply to the entities holding licence holders of

self-protection, save the provisions of points a) a e) .

3-The service contracts of private security companies are of the

written form and contain the elements set out in the subparagraphs a) a h) of paragraph 1, as well as the

price and the conditions of delivery of them.

CHAPTER IV

Private Security Council

Article 37.

Nature and composition

1-The Privy Security Council (CSP) is a consultation body of the member of the

Government responsible for the area of internal administration.

2-Are permanent members of the CSP:

a) The member of the Government responsible for the area of internal administration, which

preside;

b) The inspector general of the Internal Administration;

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c) The Commander-in-Chief of the Republican National Guard (GNR);

d) The national director of PSP;

e) The National Director of the Police Judiciary (PJ);

f) The Secretary General of the Ministry of Internal Affairs;

g) Two representatives of the associations of private security companies;

h) Two representatives of the representative associations of the surveillance personnel.

3-In the matter of the subject matter of consultation, they may still be summoned, as members

not permanent:

a) A representative of the member of the Government responsible for the area of sport;

b) A representative of the Portuguese Association of Banks;

c) A representative of the entities provided for in Article 9 (3).

4-The member of the Government responsible for the area of internal administration may still

invite to participate in the CSP, without the right to vote, other entities that consider

relevant.

5-The entities referred to in points a) a f) of paragraph 2 may designate representatives.

6-The members of the CSP referred to in points g) and h) of paragraph 2 and in the paragraphs b) and c) of paragraph 3 are

designated by the member of the Government responsible for the area of internal administration,

upon proposal of the respective associations and entities.

7-A National Direction of PSP provides the necessary technical and administrative support to the

functioning of the CSP.

Article 38.

Competence

Compete with the CSP:

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a) Elaborate the internal operating regulation;

b) Draw up an annual report on private security activity;

c) Pronounce on the granting and cancellation of alvarás and licences, whenever

requested by the member of the Government responsible for the area of the administration

internal;

d) Pronounce on the admissibility of new means of security;

e) To pronounce and propose legislative initiatives in private security;

f) To propose to the member of the Government responsible for the area of internal administration

guidelines to be adopted by the competent entities in the surveillance of the activity of

private security;

g) Issue recommendations, in the framework of private security activity.

CHAPTER V

Issuance of alvshall, license and authorization

Article 39.

Requirements of private security companies

1-Private security companies, trainer entities and consultancy entities

of security must be constituted in accordance with the legislation of a member state of the

European Union or of a State Party to the Agreement on Economic Area

European and own registered office or delegation in Portugal.

2-The social capital of private security companies may not be less than:

a) € 50000, if you provide any of the services provided for in the c) of the Article 1 (1)

3.

b) € 250000, if you provide any of the services provided for in points a) , b) , e) and f) of the n.

1 of Article 3;

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c) € 500000, if you provide any of the services provided for in the d) of the Article 1 (1)

3.

3-The provisions of the preceding paragraphs shall not apply:

a) To entities, natural persons or collectives, established in another State

member of the European Union, legally authorized and empowered to exercise the

private security activity in that state, who wish to exercise their

activity in Portugal, in a continuous and lasting way, and which hold in this country

delegation, branch or any other form of secondary establishment;

b) To entities, natural persons or collectives, established in another State

member of the European Union, legally authorized and empowered to exercise the

private security activity in that state, who wish to exercise their

activity in Portugal, in a temporary and non-lasting way, under the

freedom to provide services.

Article 40.

Competent entity for the instruction of the process

It is incumbent on the National Direction of PSP the instruction of the authorization processes for the

exercise of private security activity, as well as the issuance of the alvarás, licences,

entitlements and respect averbings.

Article 41.

Instruction of the order of alvshall

1-The application for alvshall allocation is formulated in an application of own model

directed to the member of the Government responsible for the area of internal administration,

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accompanied by the following elements:

a) Certificate of content of the description and of all the inscriptions in force, issued by the

Conservatory of the Commercial Register;

b) Identification of the administrators or managers and supporting documents of

that the same meet the requirements as required in Article 23 (1);

c) Identification of the facilities to be affected to the required service;

d) Certifying proof of the inexistence of debts to the state and social security,

or that your payment is secured, and the fulfillment of the

tax obligations relating to the year in which the requirement is filed;

e) Model of uniform to be used by the surveillance personnel, in the case of request for

authorization for the provision of the security services set out in points a) ,

c) and d) a f) of Article 3 (1).

2-The provisions of the preceding paragraph shall apply, with the necessary adaptations, to situations

provided for in Article 39 (3), being taken into account the elements, justifications and

guarantees already required in the member state of origin.

3-The submission of documents that already build on the individual process of the

applicant entity, as long as it has been updated, when the same request for permission to

provide new types of private security services.

4-A National Direction of PSP may, within 30 days, count from the date of entry of the

requirements, request the necessary information and supplementary documents

to the clarification of their instructory elements.

Article 42.

Statement of the self-protection license request

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1-The application for self-protection license assignment is formulated in application

directed to the member of the Government responsible for the area of internal administration,

accompanied by the following elements:

a) Certificate of content of the description and of all the inscriptions in force, issued by the

Conservatory of the Commercial Register;

b) Identification of those responsible for the self-protection service and documents

Proving that they meet the requirements required in Article 23 (3);

c) Identification of the facilities to be affected to the required service;

d) Certifying proof of the inexistence of debts to the state and social security,

or that your payment is secured, and the fulfillment of the

tax obligations relating to the year in which the requirement is filed;

e) Model of uniform to be used by the surveillance personnel, in the case of request for

authorization for the provision of the security services set out in points a) ,

c) and d) of Article 3 (1).

2-The provisions of paragraphs 2 a to 4 of the preceding Article shall be applicable with the necessary adaptations.

Article 43.

Instruction of the application for authorization of consultant entity

1-The application for the assignment of authorization of consultant entity is formulated in

application addressed to the member of the Government responsible for the area of the administration

internal, accompanied by the following elements:

a) Certificate of content of the description and of all the inscriptions in force, issued by the

Conservatory of the Commercial Register;

b) Identification of the administrators or managers and supporting documents of which

meet the requirements required in Article 23 (1);

c) Certifying proof of the non-existence of debts to the State and social security, or

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that your payment is secured, and of the fulfillment of the obligations

tax relating to the year in which the application is submitted.

2-A The issuance of the permit is conditional on proof of the existence of insurance of

civil liability of minimum capital of € 150000 for collective persons and of

€ 100000 for natural persons and too many requirements and conditions set by portaria

of the members of the Government responsible for the areas of finance and administration

internal.

3-The provisions of Article 41 (2 a) to 4 shall apply with the necessary adaptations.

Article 44.

Statement of the application for permission of the trainer entity

1-The application for allocation of formative entity authorisation is formulated in

application addressed to the member of the Government responsible for the area of the administration

internal, accompanied by the following elements:

a) Certification as a trainer entity for the area of safety training

private, pursuant to the provisions of the Decree-Law No. 396/2007, of 31 of

December;

b) Complete identification of the training manager, the training coordinator and the

trainers, as well as supporting documents of which they satisfy the

requirements required in Article 23 (4) and in supplementary legislation;

c) Facilities and human means and materials suitable for training;

d) Internal regulation or statutes;

e) Programme of subjects to be lectured.

2-For the purposes of the a) of the previous number, the certified entities are recognized

or authorized in another Member State of the European Union or State Party to the Agreement

of the European Economic Area.

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3-The provisions of Article 41 (2 a) to 4 shall apply with the necessary adaptations.

Article 45.

Requirements for the issuance of alvshall

1-Completed the instruction, the process is submitted to the member of the Government responsible

by the area of internal administration, for decision to be delivered within the maximum period of 30 days.

2-After the dispatch referred to in the preceding paragraph, the beginning of the exercise of the activity of

private security is conditional on the voucher, by the applicant and on the deadline of 90

days, to be counted from the notification, of the existence of:

a) Facilities and human means and appropriate materials;

b) Surety in favour of the State, provided upon deposit in banking institution, or

bank guarantee, at the first solicitation, of an amount not exceeding € 40000, the

fix by dispatching of the Government member responsible for the area of

internal administration;

c) Director of security, when obligatory;

d) Ten employees linked to it by contract of employment and enrolled in a

social protection regime;

e) Minimum capital civil liability insurance of € 500000 and too much requirements

and conditions set by porterie of the members of the Government responsible for the

areas of finance and internal administration;

f) Insurance against theft and theft of minimum capital of € 5000000, in the case of the provision

of the security services provided for in the paragraph d) of Article 3 (1) and too

requirements and conditions set by porterie of the members of the Government

responsible for the areas of finance and internal administration;

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g) Payment of the alvshall emission rate.

3-The deadline for delivery of the elements referred to in the preceding paragraph may be extended

for an equal period, upon duly reasoned request.

4-A non-issuance of alvshall at the time specified in the preceding paragraphs, because of attributable

to the applicant, determines the expiry of the authorisation granted pursuant to paragraph 1.

5-In the cases provided for in Article 39 (3) are taken into account the elements,

justifications and guarantees already required in the member state of origin and that are

presented by the applicant.

6-A The issue of the alvshall and the beginning of the activity are dependent on the fee payment.

Article 46.

Requirements for the issuance of licence

1-Completed the instruction, the process is submitted to the member of the Government responsible

by the area of internal administration, for decision to be delivered within the maximum period of 30 days.

2-After the dispatch referred to in the preceding paragraph, the beginning of the exercise of the activity of

private security is conditional on the voucher, by the applicant and on the deadline of 90

days, to be counted from the notification, of the existence of:

a) Appropriate facilities and material and human means;

b) Surety in favour of the State, provided upon deposit in banking institution, or

bank guarantee, at the first solicitation, of an amount not exceeding € 40000, the

fix by dispatching of the Government member responsible for the area of

internal administration;

c) Director of security, when obligatory;

d) Payment of the licence issuance fee.

3-The deadline for delivery of the elements referred to in the preceding paragraph may be extended

for an equal period, upon duly reasoned request.

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4-A non-issue of the licence within the period set out in the preceding paragraphs, because

attributable to the applicant, determines the expiry of the authorisation granted in the terms

of paragraph 1.

5-In the cases provided for in Article 39 (3) are taken into account the elements,

justifications and guarantees already required in the member state of origin and that are

presented by the applicant.

6-A The issue of the license and the beginning of the activity are dependent on the fee payment.

Article 47.

Requirements for the issuance of formative entity authorisation

1-Completed the instruction, the process is submitted to the member of the Government responsible

by the area of internal administration, for decision to be delivered within the maximum period of 30 days.

2-After the dispatch referred to in the preceding paragraph, the beginning of the exercise of the activity of

private security training is conditional on the voucher, by the applicant and the

period of 90 days, to be counted from the notification, of the existence of:

a) Appropriate facilities and material and human means;

b) Surety in favour of the State, provided upon deposit in banking institution or

bank guarantee, at the first solicitation, of an amount not exceeding € 20000, the

fix by dispatching member of the Government responsible for the area of the administration

internal;

c) Minimum capital civil liability insurance of € 150000 for people

collectives and from € 100000 for natural persons and too many requirements and conditions

fixed by porterie of the members of the Government responsible for the areas of

finance and internal administration;

d) Payment of the issuance fee of the permit.

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3-The deadline for delivery of the elements referred to in the preceding paragraph may be extended

for an equal period, upon duly reasoned request.

4-A non-issuance of the permit within the time specified in the preceding paragraphs, because

attributable to the applicant, determines the expiry of the decision handed down in the terms of the

n. 1.

5-In the cases provided for in Article 39 (3), the elements, shall be taken into account,

justifications and guarantees already required in the member state of origin and that are

presented by the applicant.

6-A The issuance of the authorization and the beginning of the activity are dependent on the payment of

rate.

Article 48.

Requirements for the issuance of authorization of consultant entity

1-Completed the instruction, the process is submitted to the member of the Government responsible

by the area of internal administration, for decision, to be delivered within a maximum of 30 days.

2-After the dispatch referred to in the preceding paragraph, the beginning of the exercise of the activity of

private security training is conditional on the voucher, by the applicant and the

period of 90 days, to be counted from the notification, of the existence of:

a) Appropriate facilities and material and human means;

b) Surety in favour of the State, provided upon deposit in banking institution or

bank guarantee, at the first solicitation, of an amount not exceeding € 20000, the

fix by dispatching member of the Government responsible for the area of the administration

internal;

c) Minimum capital civil liability insurance of € 150000 for people

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collectives and from € 100000 for natural persons and too many requirements and conditions

fixed by porterie of the members of the Government responsible for the areas of

finance and internal administration;

d) Payment of the issuance fee of the permit.

3-The deadline for delivery of the elements referred to in the preceding paragraph may be extended

for an equal period, upon duly reasoned request.

4-A non-issuance of the permit within the time specified in the preceding paragraphs, because

attributable to the applicant, determines the expiry of the decision handed down in the terms of the

n. 1.

5-In the cases provided for in Article 39 (3), the elements, shall be taken into account,

justifications and guarantees already required in the member state of origin and that are

presented by the applicant.

6-A The issuance of the authorization and the beginning of the activity are dependent on the payment of

rate.

Article 49.

Specifications of the alvshall, licence and authorisation

1-Of the alvshall and of the licence are listed as follows:

a) Denomination of the authorised entity;

b) Social headquarters, subsidiaries, delegations, secondary establishments and facilities

operational;

c) Indication of the dispatch that approved the model in uniform, if applicable;

d) Breakdown of authorized security services;

e) Identification of the administrators, managers or responsible for the services of

self-protection, as the case may be;

f) Date of issue and validity.

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2-From the authorization of the forming entity appear the following elements:

a) Denomination of the authorised entity;

b) Social headquarters;

c) Discrimination of the type of authorized training;

d) Identification of the responsible;

e) Date of issue and validity.

3-From the authorization of the consultant entity appear the following elements:

a) Denomination of the authorised entity;

b) Social headquarters;

c) Discrimination of the type of authorized training;

d) Identification of the administrators, managers or person, as the case may be;

e) Date of issue and validity.

4-Changes to the elements set out in the alvshall, licence or permit shall be made

by means of averaging.

5-A National Direction of PSP issues the alvshall, license or authorization, and respects

averages, by publishing them on your official page, and communicates your terms to the

Command-General of GNR and the National Direction of PJ.

6-It is not admitted to the transmission or the ceding, to any title, of the alvshall, license and

authorization issued.

7-The alvshall, licence and permit shall be valid for the period of five years, from the date

of its issuance, and may be renewed for equal periods, without prejudice to the verification

permanent of the maintenance of the requirements and conditions laid down in this Law and in

supplementary regulation.

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8-The models and charateristics of the alvarás, licences and permits are listed as

approve by the member of the Government responsible for the area of internal administration.

Article 50.

Suspension, cancellation and expiry of alvshall, license and authorization

1-There is the immediate suspension of the alvshall, licence and permit as soon as there is

knowledge that some of the requirements or conditions necessary for the exercise of the

private security activity, set out in this law or in regulation

supplemental, they stopped checking themselves.

2-In the case of repeated failure to comply with the standards laid down in this Law or in

supplementary regulations, by dispatch of the member of the Government responsible for the

area of internal administration and under proposal of the national director of PSP, may be

cancelled the alvshall, the license or the authorization issued.

3-For the purposes of the provisions of the preceding paragraph, repeated compliance shall be deemed to be

specifically:

a) The non-compliance, for three straight months, of the special duties provided for

in the points d) , e) and f) of Article 35 (1) where applicable;

b) The inexistence or insufficiency of human or material means or facilities

operating or appropriate facilities, for a period of more than six months;

c) The suspension of the alvshall, of the licence or permit provided for in paragraph 1, by a

period of more than six months.

4-The decisions for suspension and cancellation of alvarás, licences or permits are

notified to the permanent members of the CSP.

5-The alvaras, licences and permits lapse with the declaration of insolvency of the entity

of private security.

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Article 51.

Fees

1-A issuance of the alvshall, licence and permit, as well as the respects

averbings, are subject to the payment of a fee, which constitutes revenue from the

State, reversing 50% for the PSP.

2-A issue, renewal and replacement of the professional card and the carrying out of examinations,

audits and proofs of assessment are subject to the payment of a fee, which constitutes

own revenue from PSP.

3-The value of the fees referred to in the preceding paragraphs shall be fixed by porterie of the members

of the Government responsible for the areas of finance and internal administration, and may

be the object of annual review.

CHAPTER VI

Surveillance

Article 52.

Competent entities

The surveillance of activities governed by this Law shall be ensured by the National Direction

of the PSP, without prejudice to the skills of the other security forces and services and the

Inspection-General Administration of the Internal Administration.

Article 53.

System of information

1-A The procedure for the procedures laid down in this Law is carried out informatically,

with recourse to the own informatic system, the responsibility of the National Direction of the

PSP.

2-Within the scope of the computer system referred to in the preceding paragraph and with the purpose of

registration, control, licensing and supervision of the exercise of safety activity

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private, is maintained by the National Direction of PSP a database of the entities and

people who exercise activities regulated in this law.

3-A database and the registered personal data subject of computer treatment are

regulated by special legislation.

4-The record referred to in Article 59 (6) is integrated into the database provided for in the

n. 2.

CHAPTER VII

Sanctionatory provisions

SECTION I

Crimes

Article 54.

Illicit exercise of private security activity

1-Who to provide private security services without the necessary alvshall, license or

authorization is punished with a prison sentence of 1 a to 5 years or with penalty of a fine of up to 600

days, if the more serious penalty does not fit him by virtue of another legal provision.

2-Who to exercise private security roles not being a professional card holder is

punched with imprisonment up to 4 years or with penalty of fine up to 480 days, if penalty more

grave not to couber by force of another legal provision.

3-Whoever exercises private security duties of specialty provided for in this Law and

for which you do not find yourself entitled is punished with imprisonment up to 4 years or with

penalty of fine up to 480 days, if more serious penalty is given to you not fit for strength of another

legal provision.

4-In the same sentence it incurs who to use the services of the person referred to in the figures

previous, knowing that the provision of security services takes place without the necessary

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alvshall, license or authorization, or that private security functions are not exercised

by professional card holder or specialty.

Article 55.

Criminal responsibility of the collective and equipared persons

The collective persons and equipared entities are responsible, in the general terms, for the

crimes provided for in the previous article.

Article 56.

Reserved competence of the Police Judiciary

It is the reserved competence of PJ to investigate the crimes provided for in Articles 54 and

55., pursuant to the Criminal Investigation Organization Act.

SECTION II

Counterorders

Article 57.

Counterorders and fines

1-In accordance with the provisions of this Law, they constitute very serious counterordinations:

a) The exercise of the prohibited activities provided for in Article 5;

b) The exercise of the activity of private security consultant entity without the

necessary authorization;

c) The exercise of the activity of trainer entity without the necessary authorization;

d) The non-existence of director of security, when obligatory;

e) The conduct of personal prevention and safety journals, referred to in paragraph 1

of Article 19, outside the legal conditions;

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f) The conduct of personal prevention and safety journals, referred to in paragraph 2

of Art. 19, without permission or with violation of the conditions in which they were

authorized;

g) The non-existence or failure to comply with the precept in Article 22;

h) The non-existence or non-compliance of the precept in paragraph 3 (3);

i) Failure to fulfil the duties provided for in Article 29 (1) and (2) and in the article

33.

j) The failure to comply with the provisions of Article 30;

k) Failure to comply with the duties laid down in Article 34 (2) and in paragraphs 2 a) and

c) of Article 35 (1);

l) The use of material or technical means susceptible to cause damage to life or to the

physical integrity, as well as the use of technical means of security not

authorized;

m) Keep to the service responsible for the self-protection services, director of

safety, safety coordinator, training manager, coordinator

pedagogical, trainer or surveillance personnel who do not meet the requirements

provided for in Article 23;

n) Keep in the social bodies, administrator or manager who does not satisfy the

requirements set out in Article 23 (1);

o) The non-compliance of the requirements or conditions required for the carriage of

values that are set in regulation;

p) The non-compliance of Article 26 (1) and 2, as well as the use of uniform

by who is not surveillance personnel, or being, does not correspond with the entity

employer of which you are a worker;

q) The non-compliance with the contents and duration of the courses, as well as of the

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requirements of the faculty under the conditions laid down in Article 24 (2).

2-Are serious the following counterordinations:

a) Failure to comply with the provisions of Article 7 (4) and (5);

b) The failure to comply with the provisions of Article 8, 9, 10 and the requirements that are

set in regulation;

c) The failure to comply with the obligation laid down in paragraph 3 of Art. 11;

d) The non-use of uniform or the use of parts, badges and symbols and marks not

approved, when mandatory;

e) The failure to fulfil the obligations laid down in Article 25 (4 a) (7);

f) The non-compliance of the precept in the paragraph b) of paragraph 1 and paragraph 3 of Article 27;

g) The failure to comply with the provisions of Article 28;

h) The hiring of the director of private security outside the conditions laid down in the

present law;

i) Failure to comply with the special duties provided for in points b) and d) a k) of paragraph 1

and in Article 35 (3);

j) Failure to comply with the precept in paragraph 3 of Article 29;

k) The use of canids in infraction to the precept in Article 31 or outside

conditions laid down in regulation;

l) The use of the unpermitted means provided for in Article 32 or outside the

conditions laid down in regulation;

m) The failure to comply with the duty provided for in Article 19 (3);

n) The omission of some of the elements anticipated in Article 36 (1) and (2);

o) Not to guarantee permanently the presence of an operator vigilante of

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prescription of alarms in the central respect;

p) The exercise of the activities referred to in Article 12 (3) without registration

prior, or the failure to comply with the requirements and conditions set out in

regulation.

3-Are light counterorders:

a) Failure to comply with the set out in Article 24 (4) and 2 (2);

b) Failure to comply with the provisions of Article 11 (1) and (2) and of the requirements that

are set in regulation;

c) Failure to comply with obligations, duties, formalities and requirements

set out in this law or set out in regulation, when they do not constitute

serious or very serious counterorders.

4-When committed by collective persons, the counterordinations provided for in the numbers

previous ones are punishable by the following fines:

a) From 1500 a to € 7500, in the case of soft counterorders;

b) From 7500 a to € 37500, in the case of serious counterordinations;

c) From 15000 a to € 44500, in the case of very serious counterordinations.

5-When committed by natural persons, the counterordinations provided for in paragraphs 1 a to 3

are punishable by the following fines:

a) From 150 a to € 750, in the case of soft counterorders;

b) From 300 a to € 1500, in the case of serious counterordinations;

c) From 600 a to € 3000, in the case of very serious counterordinations.

6-If the counterordinance has been committed by a body of a collective person or of

association without legal personality, in the exercise of its functions and in the interest of the

represented, is applied to this the corresponding fine, without prejudice to the

individual responsibility of the agent of the counterordinance.

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7-If the agent withdrew from the infraction a calculable economic benefit higher than the limit

maximum fine, and there are no other means of eliminating it, may this be elevating to the

amount of the benefit, however, the raising shall not, however, exceed one third of the respect

maximum limit set out in this Law.

8-A attempt and neglect are punishable.

9-In cases of complicity and attempt, as well as in the remaining situations in which

there is place to the special mitigation of the penalty, the maximum and minimum limits of the fine are

reduced to half.

Article 58.

Ancillary sanctions

1-In the process of counterordinating, they can be applied simultaneously with the fine the

following ancillary sanctions:

a) The loss of objects that have served for the practice of counterordinance;

b) The closure of the establishment for a period of not more than two years;

c) The suspension, for a period of not more than two years, of the alvshall or of the licence

granted for the exercise of private security activity or authorization

for the use of means of security;

d) The interdiction of the exercise of functions or provision of security services by

period not exceeding two years;

e) The publicity of the conviction.

2-If the fact constitutes simultaneously crime, the agent is punished by this, without prejudice

of the ancillary sanctions provided for the counterordinance.

Article 59.

Competence

1-Are competent for the lifting of the counterordinate autos provided for in the

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present law the entities referred to in Article 52.

2-It is competent for the instruction of the proceedings of counterordinance the National Director of the

PSP and the Commander-General of GNR, which may delegate that competence to us

terms of the law, without prejudice to the own powers of the security forces.

3-A The application of the fines and ancillary penalties provided for in this Law shall compete with the

Secretary-General of the MAI, which may delegate that competence under the law.

4-The product of the fines referred to in the preceding paragraph shall be distributed as follows:

a) 60% for the State;

b) 25% for the autufying and instructor-led entity of the process;

c) 15% for the PSP.

5-In the execution for the collection of the fine, it answers by this the surety provided in the terms

provided for in this Law.

6-In the National Direction of PSP is held, in own register, the enrollment of each entity

to which penalties provided for in this law have been applied.

7-A The instruction of the counterordinance processes raised under the Rule 1 of the article

9. of the Decree-Law No. 156/2005 of September 15, amended by the Decrees-Laws

n. ºs 371/2007, November 6, 118/2009, May 19, 317/2009, 30 of

October, and 242/2012, of November 7, is the competence of the National Director of PSP

and of the GNR Commander-General, when practiced in establishments of entities

covered by this Law.

8-A the application of the fines and ancillary sanctions arising from the processes referred to in the

previous number competes with the Secretary-General of the MAI, which may delegate that

competence under the law.

9-The product of the fines referred to in paragraphs 7 and 8 is distributed in accordance with paragraph 4.

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Article 60.

Applicable legislation

The counterordinations provided for in this Law shall be applied to the general scheme regulating the

counterordinational process, in the terms of the general law's respect, with the adaptations

constants of Articles 57 to 59.

CHAPTER VII

Final and transitional provisions

Article 61.

Transient standard

1-The alvarás issued under the Decree-Law No. 35/2004 of February 21, amended

by Decree-Law No. 198/2005 of November 10, by Law No. 38/2008, 8 of

august, and by the Decrees-Leis n. ºs 135/2010, of December 27, and 114/2011, of 30 of

november, are equated, regardless of any formalities, to the alvarás

issued under this Act, in the following terms:

a) The alvshall issued under the subparagraph a) of Article 2 (1) of the Decree-Law

n. 35/2004 of February 21, as amended by Decree-Law No. 198/2005, 10 of

november, by Law No. 38/2008, of August 8, and by the Decrees-Laws

n. ºs 135/2010, December 27, and 114/2011, of November 30, equip itself

by alvará A provided for in the paragraph a) of Article 14 (2);

b) The alvshall issued under the subparagraph b) of Article 2 (1) of the Decree-Law

n. 35/2004 of February 21, as amended by Decree-Law No. 198/2005, 10 of

november, by Law No. 38/2008, of August 8, and by the Decrees-Laws

n. ºs 135/2010, December 27, and 114/2011, of November 30, equip itself

to the alvshall B provided for in the paragraph b) of Article 14 (2);

c) The alvshall issued under the subparagraph c) of Article 2 (1) of the Decree-Law

n. 35/2004 of February 21, as amended by Decree-Law No. 198/2005, 10 of

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november, by Law No. 38/2008, of August 8, and by the Decrees-Laws

n. ºs 135/2010, December 27, and 114/2011, of November 30, equip itself

to the alvshall C provided for in the paragraph c) of Article 14 (2);

d) The alvshall issued under the subparagraph d) of Article 2 (1) of the Decree-Law

n. 35/2004 of February 21, as amended by Decree-Law No. 198/2005, 10 of

november, by Law No. 38/2008, of August 8, and by the Decrees-Laws

n. ºs 135/2010, December 27, and 114/2011, of November 30, equip itself

to the alvará D provided for in the paragraph d) of Article 14 (2).

2-The licences issued under the Decree-Law No. 35/2004 of February 21, amended

by Decree-Law No. 198/2005 of November 10, by Law No. 38/2008, 8 of

august, and by the Decrees-Leis n. ºs 135/2010, of December 27, and 114/2011, of 30 of

november, are equated, regardless of any formalities, to the licences

issued under this Act, in the following terms:

a) The licence issued under the subparagraph a) of Article 2 (1) of the Decree-Law

n. 35/2004 of February 21, as amended by Decree-Law No. 198/2005, 10 of

november, by Law No. 38/2008, of August 8, and by the Decrees-Laws

n. paragraphs 135/2010, of December 27, and 114/2011, of November 30, equip itself to the

license A provided for in paragraph a) of Article 15 (2);

b) The licence issued under the subparagraph b) of Article 2 (1) of the Decree-Law

n. 35/2004 of February 21, as amended by Decree-Law No. 198/2005, 10 of

november, by Law No. 38/2008, of August 8, and by the Decrees-Laws

n. paragraphs 135/2010, of December 27, and 114/2011, of November 30, equip itself to the

licence B provided for in paragraph b) of Article 15 (2);

c) The licence issued under the subparagraph c) of Article 2 (1) of the Decree-Law

n. 35/2004 of February 21, as amended by Decree-Law No. 198/2005, 10 of

november, by Law No. 38/2008, of August 8, and by the Decrees-Laws

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n. paragraphs 135/2010, of December 27, and 114/2011, of November 30, equip itself to the

licence C provided for in paragraph c) of Article 15 (2);

d) The licence issued under the subparagraph d) of Article 2 (1) of the Decree-Law

n. 35/2004 of February 21, as amended by Decree-Law No. 198/2005, 10 of

november, by Law No. 38/2008, of August 8, and by the Decrees-Laws

n. paragraphs 135/2010, of December 27, and 114/2011, of November 30, equip itself to the

license D provided for in paragraph d) of Article 15 (2).

3-The alvaras and licences issued under the Decree-Law No. 231/98 of July 22,

changed by Decree-Law No. 94/2002 of April 12 lapses within six months

after the entry into force of this Law, and shall, until that date, be required

renovation and adaptation to the envisaged scheme in the same, safeguards the equiparations

predicted in the previous numbers.

4-The training permits issued under the Decrees-Laws 35/2004, of 21

of February, as amended by Decree-Law No. 198/2005 of November 10, by the Law

n. 38/2008, of August 8, and by the Decrees-Laws 135/2010 of December 27, and

114/2011, of November 30, and 231/98, of July 22, as amended by the Decree-Law

no 94/2002 of April 12, lapse within six months from the date of entry

in force of the porterie provided for in Article 24 (2), owing in the course of that period

be required new authorization.

5-The categories provided for in the Portaria No. 1084/2009 of September 21 are equated

to the specialties laid down in Article 17 (1), according to the following

equiparations:

a) The category of vigilante or security to the specialty of vigilante;

b) The category of safety-doorman to the specialty of security-porteiro;

c) The category of sports enclosure assistant to the specialty of assistant to

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sports enclosure;

d) The category of assistant precinct of spectacles to the specialty of assistant

of precincts of spectacles;

e) The category of protection watchdog and personal accompanyto the specialty of

protection watchdog and personal follow-up;

f) The category of transport watchdog of values to the specialty of vigilante de

transport of values;

g) The airport security watchdog category to the specialty of assistant to

ports and airports, in the airport security strand;

h) The category of vigilante central operator of alarms to the specialty of

operator of alarm center.

6-Professional formations obtained or initiated prior to the entry into force of the portaria a

Reference to Article 24 (2) are equated with the initial qualification training or

of update of the specialties referred to in the preceding paragraph, in the following terms:

a) The training provided for in paragraphs 3 and 4 of the Portaria No 1325/2001 of December 4,

for the specialty of vigilante;

b) The training provided for in paragraphs 3, 4 and 6 of the Portaria No. 1325/2001, 4 of

December, for the specialty of security-porteiro;

c) The training provided for in paragraphs 3, 4 and 7 of the Portaria No 1325/2001 of December 4,

for the specialty of protection watchdog and personal follow-up;

d) The training provided for in the Portaria No. 1522-B/2002 of December 20 for the

specialty of sports recon assistant.

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7-Professional cards issued under the Decree-Law No. 35/2004, 21 of

February, amended by Decree-Law No. 198/2005 of November 10 by the Law

n. 38/2008, of August 8, and by the Decrees-Laws 135/2010 of December 27, and

114/2011, of November 30, shall remain in force until the expiry of the validity,

being equated with the professional cards provided for in this Law.

8-The notices already placed under Article 13 (3) of the Decree-Law No 35/2004, of

February 21, amended by Decree-Law No. 198/2005 of November 10 by the Law

n. 38/2008, of August 8, and by the Decrees-Laws 135/2010 of December 27, and

114/2011, of November 30, shall be equated, for all purposes, to those to which

refers to Article 29 (3).

Article 62.

Regulation

The acts of regulation of this Law shall be approved within 60 days, from the

date of its entry into force.

Article 63.

Legislative evaluation

Three years elapsed from the entry into force of this Law the Government promotes evaluation

of the legal regime that regulates the exercise of private security activity.

Article 64.

Abrogation standard

The Decree-Law No. 35/2004 of February 21, amended by the Decree-Law is repealed

n. 198/2005 of November 10 by Law No. 38/2008 of August 8 and by the Decrees-

Laws No 135/2010, of December 27, and 114/2011, of November 30.

Article 65.

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Production of effects

1-Companies holding alvarshall, licences and valid authorisations must adapt to the

conditions imposed in this Law, within six months, from the date of its

entry into force.

2-The entities obliged to adopt security measures, in the terms provided for in the articles

8. and 9, shall adapt to the conditions imposed by this Law within one year,

from the date of its entry into force.

3-The schooling requirement provided for in Article 23 (3) and 4 is chargeable from 1

of January 2015.

4-The alvaras, licences and permits that in 2013 make up five or more years of

term shall be renewed in that year until the day and month of the date of its issuance.

5-The alvaras, licences and permits not contemplated in the preceding paragraph shall

be renewed when you are completed five years effective by the day and month of the date of your

issuance.

6-A requirement of the specific training referred to in points a) of the n. paragraphs 1 and 2 of the article

8. is chargeable as of January 1, 2015, without prejudice to recognition by the

National direction of PSP, up to the said date, of the proven experience in the respect

area, upon reasoned request for equivalence of the person concerned.

7-The obligations under Article 8 (3) and (4) are required as of 1 of

september 2014.

8-A The requirement of the specific training referred to in Article 23 (6), concerning the

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responsible for the self-protection services, is chargeable from January 1, 2015.

9-The prior registration referred to in Article 12 (3) is chargeable within six months, the

counting from the date of the entry into force of the porterie provided for in paragraph 4 of the same article.

10-A The accreditation of the course provided for in the Portaria No. 1142/2009 of October 2 is valid

by the time limit of five years from the date of its issuance.

Article 66.

Entry into force

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

Seen and approved in Council of Ministers of December 6, 2012

The Prime Minister

The Deputy Minister and Parliamentary Affairs