Presidência do Conselho de Ministros e Ministério da Economia e do Emprego (Presidency of the Council of Ministers and Ministry for Economy and Employment)
Administrative Rule
(This is not an official translation of the law)
It is an established priority set out in the programme of the XVIII Constitutional Government to make further reforms to modernize the State, with the aim of simplifying the lives of citizens and businesses. The "Licenciamento zero" (zero licensing) initiative seeks to accomplish this priority and is a commitment under the 2010 SIMPLEX Programme, as one of the flagship measures of the 2015 Digital Agenda.
Over five years, the SIMPLEX Programme has demonstrated that it is possible to improve the responsiveness of the Public Administration, fulfilling the needs of citizens and businesses more quickly, more efficiently and at lower cost, without compromising other values, such as security of business or consumer protection.
The "Licenciamento zero" (zero licensing) initiative is a key measure among the many measures that have been taken to reduce business overheads. This initiative reduces administrative burdens on citizens and businesses, through the elimination of licenses, permits, inspections and pre-conditions with regard to specific activities, replacing them with systematic oversight actions a posteriori and effective mechanisms to ensure licensee accountability.
The first steps of the "Licenciamento zero" (zero licensing) initiative comprised the approval of Decree-Law no. 48/2011 of 1 April, under the legislative authorizations granted by Law no. 49/2010 of 12 November, and by article 147 of Law no. 55-A/2010 of 31 December.
This Decree-law made reference to the Administrative Rule of the members of the Government responsible for administrative modernization, local government and the economy, governing the creation of a "Balcão do empreendedor" (Enterprise contact point) and phased production of effects of the legal provisions which presuppose the existence of this contact point. It is these regulations which are now approved by the present Administrative Rule.
As such, on the one hand, it is established that the "Balcão do empreendedor" (Enterprise contact point) be created and its minimum functionality and forms of access be defined, whereby provision is made for direct means of access over the Internet, and also for "in-person" access mediated by an intermediary and available in municipalities or at other premises of public or private attendance.
Moreover, it is established that Decree-Law no. 48/2011 of 1 April shall produce effects in a phased manner, commencing with a pilot phase limited to certain municipal areas and establishments and restaurant or beverage outlet activities. This pilot phase will continue until the end of 2011. After the expiry of said pilot phase, municipalities may freely join this initiative and shall do so no later than 2 May 2012, date on which the "Licenciamento zero" (zero licensing) scheme is to be fully apply throughout the mainland territory.
Accordingly:
Under the provisions of article 3 and paragraph 1 of article 42 of Decree-Law no. 48/2011 of 1 April:
The Government orders, by the Minister of the Presidency and the Minister of Economy, Innovation and Development, as follows:
Article 1
Object
The present Administrative Rule creates a one-stop electronic contact point, called the "Balcão do empreendedor" (Enterprise contact point).
Article 2
Scope
The "Balcão do empreendedor" (Enterprise contact point) is developed and managed by Agência para a Modernização Administrativa, I.P. (AMA, I.P.), (Agency for Public Services Reform) and shall enable, specifically, the following functions:
a) User authentication through digital certificates, specifically through use of the cartão de cidadão (citizen card);
b) Consultation of the operating requirements governing the premises and equipment of commercial establishments, of provision of service and of storage, as resulting from legislation and the regulatory acts listed in annex III of Decree-Law no. 48/2011, which are to be written in language that is simple and clear;
c) Consultation of the criteria governing occupation of public space and display and posting of publicity messages of a commercial nature;
d) Consultation of the amount of fees due or of the formula used to calculate such fees;
e) Electronic filing of information required in the conduct of communications as specified under Decree-Law no. 48/2011;
f) Connection to the databases as referred to in article 20 of Decree-Law no. 48/2011 for automatic verification of information referred to in the previous point, specifically as regards the CAE - classificação das actividades económicas (Classification of Economic Activities) and data on legal and natural persons;
g) The updating of information on economic activity where there is inconsistency between the data stated in the communications and data contained in the database referred to in the previous paragraph;
h) Compilation of information that enables contact between the relevant services, including municipalities and interested parties or their representatives;
i) Delivery of the documents necessary for the assessment of prior communications according to the time limits laid down in Decree-Law no. 48/2011;
j) Electronic submission of communications as provided for under Decree-Law no. 48/2011;
l) Electronic payment of fees;
m) Provision of electronic proof of communications as provided for under Decree-Law no. 48/2011;
n) Monitoring of the status of processes, particularly in the case of previous communications subject to time limits submitted under the provisions of Decree-Law no. 48/2011, and the receipt of electronic notifications, in the reserved area of interested parties.
Article 3
Access to the "Balcão do empreendedor" (Enterprise contact point)
1 - The "Balcão do empreendedor" (Enterprise contact point) can be accessed directly or in a mediated manner.
2 - Direct access is provided through the Portal da Empresa (business gateway website) at www.portaldaempresa.pt.
3 - Mediated access is conducted by accredited personnel using the computer system, performing identification of interested parties and submission of requested information on the "Balcão do empreendedor" (Enterprise contact point).
4 - Mediated access is available at Lojas da Empresa (Business Gateways) and other public places, specifically in municipalities that see fit to provide such access, or private places, in accordance with protocols concluded with AMA, I.P.
Article 4
Authentication on direct access
1 - The electronic authentication of individuals on the "Balcão do empreendedor" (Enterprise contact point) is performed using the digital certificate associated with the cartão de cidadão (citizen card).
2 - The electronic authentication of board members of a company on the "Balcão do empreendedor" (Enterprise contact point) is performed through use of the digital certificate associated with a cartão de cidadão (citizen card) and entry of the access code to the certidão permanente do registo comercial (permanent certificate of company registration).
3 - The electronic authentication of lawyers, solicitors and notaries is performed, inter alia, using digital certificates which provide proof of the professional status of the user.
4 - For the purposes of the preceding paragraph, only the following digital certificates are accepted: the digital certificates of lawyers, solicitors and notaries whose use for professional purposes is confirmed through electronic certificate lists, provided, respectively, by Ordem dos Advogados (Bar Association), by Câmara dos Solicitadores (Committee of Solicitors) and by Ordem dos Notários (Portuguese Association of Notaries).
5 - Proof of the status of volunteer representative is performed by entering the access code to the online power of attorney.
Article 5
Pilot phase
1 - Decree-Law no. 48/2011 takes effect in a phased manner commencing, under paragraph 1 of article 42, with a pilot phase limited to beverage and restaurant outlets and activities.
2 - Municipalities may formally join the pilot phase through the conclusion of a protocol with AMA, I.P., after consulting DGAE - Direcção-Geral das Actividades Económicas (Directorate General for Economic Activities).
3 - The pilot phase terminates on 31 December 2012.
Article 6
Accession of municipalities to the "Balcão do empreendedor" (Enterprise contact point)
1 - Municipalities may join the "Balcão do empreendedor" (Enterprise contact point) scheme following conclusion of the pilot phase.
2 - Accession to the scheme shall be reported to AMA, I.P., so that the conditions necessary for its implementation can be set up, including setting up users to access the "Balcão do empreendedor" (Enterprise contact point) and entry of specific information from the municipality.
3 - Accession to the scheme is to be concluded no later than 30 days following the communication.
4 - Remaining municipalities are to join the scheme no later than 2 May 2013.
Article 7
Production of effects of Decree-Law no. 48/2011
1 - Without prejudice to articles 5 and 6 of the present Administrative Rule, Decree-Law no. 48/2011 applies to the establishments and activities referred to in paragraphs 1 to 3 and paragraph 5 of article 2 and in article 6 of the present Decree-Law of 2 May 2012.
2 - The preceding paragraph is without prejudice to the immediate application of such provisions of Decree-Law no. 48/2011 as presuppose the existence of the "Balcão do empreendedor" (Enterprise contact point) to establishments and activities located in municipalities participating in the pilot stage or joining the "Balcão do empreendedor" (Enterprise contact point) scheme pursuant to articles 5 and 6 of the present Administrative Rule.
3 - The provisions of Decree-Law no. 48/2011, which do not presuppose the existence of the "Balcão do empreendedor" (Enterprise contact point) scheme, particularly such provisions as provide for the elimination of licensing activities for agencies selling tickets for public performances and licensing of the activity of conducting auctions, take effect from 2 May 2011.
4 - Applications regarding the use of a building or parts thereof for the installation of an establishment or alterations of such use may be made to the municipality using the "Balcão do empreendedor" (Enterprise contact point) from 2 May 2012.
5 - The information referred to in Article 20. Decree-Law no. 48/2011 of 1 April may be verified using the "Balcão do empreendedor" (Enterprise contact point) from 9 January 2012."
Article 8
Entry into force
The present Administrative Rule shall enter into force on 2 May 2011.
31 March 2011.
The Minister of the Presidency, Manuel Pedro Cunha da Silva Pereira. - The Minister of Economy, Innovation and Development, José António Fonseca Vieira da Silva.
