Ministério da Administração Interna (Ministry of Internal Administration)
Decree-Law
(This is not an official translation of the law)
In the scope of guidelines defined by the Restructuring Programme for the State’s Central Administration (PRACE) and of objectives of the Government Programme as regards administrative modernization and improvement of the quality of public services with efficiency gains, it is necessary to put into operation the efforts towards structural rationalization laid down in Decree-Law No 203/2006, of 27 October, that approved the organic law of the Ministry of Internal Administration, progressing on the definition of organisational models for services integrating the respective structure.
The entry into force of Law No 27/2006, of 3 July, that approved the Basic Civil Protection Law, redefined the civil protection system, having the Autoridade Nacional de Protecção Civil (the National Authority for Civil Protection) - ANPC - played a fundamental role as regards the planning, coordination and implementation of the civil protection policy.
The implementation of the Integrated System for Protection and Relief Operations (SIOPS), deemed to be a major step in the process of the relief function reform, began with Decree-Law No 134/2006, of 25 July, which defined the operational organisation supported on the characterisation of the national territory and on structural characteristics of civil protection actors.
Taking forward the Public Administration modernization process, enshrined in the Government Programme, Decree-Law No 203/2006, of 27 October, restructured the National Fire Brigade and Civil Protection Service, which became the Autoridade Nacional de Protecção Civil, within the scope of operational central services of the Ministry of Internal Administration.
It is now relevant to continue the regulatory reform cycle, giving ANPC the necessary legal and organic tools to guarantee the safety of populations and the protection of property, at all times and without barriers, preventing serious accidents and disasters, guaranteeing the management of claims and collateral damages, and supporting the reset of functions able to bring affected areas back to normal.
This Decree-Law aims to provide ANPC with a new organization model that ensures and efficient and timely exercise of powers conferred on it, in the scope of risk forecast and management, protection and relief activity, fire service activities and emergency planning operations.
ANPC is granted authority, regulatory and monitoring powers, which determine that the nature of this statutory instrument takes the form of Decree-Law, without prejudice to principles and rules which the organization of the direct administration of the State must observe, as provided for in Law No 4/2004, of 15 January.
ANPC integrates three national directorates, for the areas of civil protection resources, emergency planning and fire services, and the SIOPS command structure.
Therefore:
Pursuant to paragraph 1 a) of article 198 of the Constitution, the Government hereby decrees as follows:
CHAPTER I
Nature, mission and powers
Article 1
Nature
The Autoridade Nacional de Protecção Civil (the National Authority for Civil Protection), hereinafter ANPC for short, is an operational central service of the direct administration of the State, endowed with administrative and financial autonomy and its own assets, and subject to the authority of the member of the Government in charge of the Internal Administration area.
Article 2
Mission and powers
1 - The ANPC’s mission is to plan, coordinate and implement the civil protection policy, namely, in the scope of the prevention and reaction to serious accidents and disasters, the protection and relief of populations and the monitoring of fire service activities.
2 - The ANPC shall perform the following tasks within the area of risk forecast and management:
a) To promote the outline, forecast and assessment of collective risks of natural or technological origin and the study, standardisation and application of appropriate prevention and relief techniques;
b) To organise a national alert and warning system;
c) To contribute to the set up, coordination and effectiveness of national emergency numbers and of management and dispatch structures of information and means;
d) To regulate, license and monitor the fire safety area.
3 - The ANPC shall perform the following tasks within the area of emergency planning:
a) To contribute to the definition of the national policy for emergency planning, draw up general guidelines, promote emergency studies and plans, provide technical support and issue opinions on their preparation by sector-specific entities;
b) To guarantee the articulation between public or private services in charge of tasks related with emergency planning, namely in the areas of transports, energy, agriculture, fisheries and food, industry and communications, so that, in the event of a serious accident or disaster, the maintenance of government action, population protection and national heritage can be guaranteed.
4 - The ANPC shall perform the following tasks within the area of protection and relief operations:
a) To guarantee the organic and territorial continuity of the relief operation command system;
b) To monitor all protection and relief operations at local and autonomous regional levels, and to foresee the need for the intervention of means at district or national level;
c) To plan and guarantee the use, under the law, of private or public means available to deal with situations of serious accidents or disasters;
d) To ensure the horizontal coordination of all civil protection actors and other structures and public services playing a protection-and-relief-related role.
5 - The ANPC shall perform the following tasks within the area of fire service activities:
a) To guide, coordinate and monitor the activity of fire brigades;
b) To promote and encourage the participation of volunteers and other forms of assistance in the mission of humanitarian firemen associations and fire brigades;
c) To ensure the provision of personal and professional training to Portuguese firemen and to promote the operational improvement of staff of fire brigades;
d) To ensure the health prevention, hygiene and safety of staff of fire brigades as well as the investigation of accidents that take place during relief operations.
Article 3
Territorial Scope
The ANPC shall pursue its activities throughout the national territory, without prejudice to powers bestowed on the relevant bodies of the autonomous regions and of municipalities.
Article 4
Collaboration with other entities
1 - In order to pursue its tasks, ANPC is entitled to establish partnerships with other bodies of the public or private sector, whether for profit or not, namely universities and institutions or services integrated in the civil protection system, including the granting of subsidies, under the law.
2 - The ANPC participates in the implementation of the Portuguese State’s international cooperation policy, within the civil protection field, according to established guidelines.
3 - The ANPC is also entitled to participate in external aid missions, after a due authorization given by the member of the Government in charge of the Internal Administration area.
Article 5
Cooperation duty
1 - Citizens and other private entities, through their respective representatives, shall cooperate as may reasonably be requested by ANPC.
2 - The following bodies have a special duty to collaborate with ANPC:
a) Servants or other officials of the State or of public law persons, as well as members of public companies’ management bodies;
b) Administrative, management or supervisory bodies of private companies whose activities, on account of their nature, is subject to any form of specific licensing from ANPC;
c) Civil protection officers;
d) Regional and municipal civil protection services;
e) Portuguese Red Cross;
f) Humanitarian firemen associations;
g) Security services;
h) Social security institutions;
i) Solidarity and relief institutions;
j) Bodies in charge of forests, nature conservation, industry and energy, transports, communications, water resources, meteorology and environment;
l) Private security and relief services of public and private companies, ports and airports.
3 - Failure to comply with the special duty provided for in the preceding paragraph shall result in liability under civil or criminal law, or in disciplinary action.
4 - Disobedience and resistance to legitimate orders of ANPC, when practised in a situation of alert, contingency or disaster, shall be punished according to the regime provided for in article 6 of Law No 27/2006, of 3 July.
Article 6
Monitoring powers
1 - It is incumbent on ANPC to apply and monitor compliance with relevant laws, regulations, standards and technical requirements, within its powers.
2 - For the purpose of the preceding paragraph, ANPC is entitled to carry out all checks and verifications deemed necessary, either directly or through qualified persons or bodies.
Article 7
Authority powers
1 - ANPC officials that perform monitoring tasks shall hold the resulting authority powers, and in performing such tasks, they shall enjoy the following prerogatives:
a) To gain access and inspect, at any time and without notice, the premises, equipment and services of bodies subject to ANPC’s inspection and control;
b) To require equipment and documents for analysis;
c) To determine the suspension or cessation of activities and closure of premises, for preventive purposes and with immediate effect, on the basis of a written and substantiated order, where an imminent risk for the safety of persons and property could emerge in case such measures were not applied;
d) To identify the persons who are in blatant disregard for rules the enforcement of which they are in charge of, in case a timely resort to the police authority in not possible;
e) To request the collaboration of administrative and police authorities to enforce rules and determinations that for safety reasons must be immediately observed in the scope of public management measures.
2 - Provisions in points a), b) and e) of the preceding paragraph shall apply to bodies and officers qualified by ANPC for the exercise of monitoring tasks, pursuant to paragraph 2 of article 6.
3 - A report on the suspension, cessation or closure referred to in point c) of paragraph 1 shall be drawn up, and confirmed by ANPC’s chairman within 15 days at the most, otherwise the applied preventive measure shall no longer be valid.
4 - ANPC’s qualified staff and officers holding prerogatives provided for in this article shall carry with them a special identification document, of a model to be established by the member of the Government in charge of the Internal Administration area, and shall display it in performing their taks.
Article 8
Enforcement measures and penalties
In case of failure to comply with ANPC determinations or of infringement of standards and technical requirements that apply to activities subject to licensing, authorization, certification or monitoring by ANPC, the respective chairman is entitled:
a) To suspend or cancel the granted licenses, authorizations and certifications, under the terms laid down in the respective regulations;
b) To order the cessation of activities, immobilisation of equipment or the closure of premises until the situation of non-compliance or of infringement no longer applies;
c) To request the collaboration of police authorities to enforce rules and determinations that for safety reasons must be immediately observed in the scope of public management measures;
d) To apply other penalties provided for in the law.
CHAPTER II
Bodies
Article 9
Bodies
1 - The ANPC is headed by a chairman, assisted by three national directors, senior management positions of 1st and 2nd degree, respectively.
2 - ANPC also integrates the Conselho Nacional de Bombeiros (the National Fire Council) as one of its bodies.
Article 10
Chairman
1 - It is incumbent on the chairman, without prejudice to powers granted to him by law or delegated or subdelegated on him:
a) To oversee the Integrated System for Protection and Relief Operations;
b) To advise the Government in civil protection matters;
c) To represent ANPC in court and out of court, as well as in international civil protection bodies of which the Portuguese State is a member;
d) To accredit and approve general binding standards on uniforms, equipment, supplies and procedures of fire brigades, with a view to the technical standardisation of the respective operation;
e) To put forward rules to standardise civil protection systems, equipment and procedures.
2 - The chairman shall be appointed following the hearing of Comissão Nacional de Protecção Civil (the National Civil Protection Commission).
3 - The chairman is entitled, as remuneration, to an amount corresponding to the highest remuneration of senior officials of bodies of the State’s central administration qualified in the law as civil protection actors.
4 - The chairman shall be replaced, in his absences or impediments, by the national director appointed by the member of the Government in charge of the Internal Administration area or, where the latter remain silent, by the director indicated by the chairman himself.
Article 11
National directors
1 - National directors shall head the national directorates referred to in paragraph 1 of article 13 and shall perform the tasks delegated or subdelegated by the chairman.
2 - Without prejudice to powers granted to the chairman of ANPC, the power laid down for the senior management positions of 1st degree in the scope of the management of human resources, premises and equipment allocated to each national directorate shall be deemed to be delegated to national directors.
3 - National directors shall be deemed to hold a senior management position of 2nd degree.
Article 12
Conselho Nacional de Bombeiros
1 - The Conselho Nacional de Bombeiros (the National Fire Council), hereinafter Council for short, is an advisory body of the Government and ANPC for fire matters.
2 - The Council is headed by the chairman of ANPC, or at any time by the member of the Government in charge of the Internal Administration area, and includes the following members:
a) ANPC’s national fire director;
b) The chairman of the Instituto Nacional de Emergência Médica (the National Medical Emergency Institute);
c) The Local Administration general director;
d) The chairman of Escola Nacional de Bombeiros (the National Fire School);
e) The director of the Instituto de Socorros a Náufragos (the Institute for Rescue of Shipwrecked Persons);
f) A representative of the Associação Nacional de Municípios Portugueses (the National Association of Portuguese Municipalities);
g) A representative of the Associação Nacional de Freguesias (the National Parish Association);
h) The chairman of the Liga dos Bombeiros Portugueses (the League of Portuguese Firemen)
i) The chairman of Associação Nacional dos Bombeiros Profissionais (the National Association of Professional Firemen).
3 - The chairman may invite other bodies with relevant interest for matters under discussion to attend the Council meetings, whenever this is deemed to be appropriate.
4 - The Council shall provide opinion specifically on:
a) Support programmes to be granted to humanitarian fire associations and fire brigades;
b) Definition of general criteria to be observed in training activities of staff of fire brigades;
c) Definition of general criteria to be observed when new fire brigades and respective sections are created, as well as their actual verification;
d) Definition of general standards with which the internal regulations of fire brigades must comply;
e) Definition of standards with which the equipment and supplies of fire brigades must comply, with a view to the technical standardisation of the respective operation;
f) Award of prizes, medals or acknowledgements to fire brigades acknowledged for their actions;
g) Draft legislation on the definition and development of the sector’s guiding principles.
5 - The Council shall draw up its own rules of procedure, subject to the approval of the member of the Government in charge of the Internal Administration area.
CHAPTER III
Organization
Article 13
Type of internal organization
1 - The internal organization of ANPC’s services follows the hierarchical structure model and comprises:
a) The national directorate for emergency planning;
b) The national fire directorate;
c) The national directorate for civil protection resources.
2 - In order to guarantee the operational command of relief operations as well the integrated operational command of all civil protection actors within their own autonomy, ANPC also comprises a command structure consisting of:
a) National command for relief operations;
b) District commands for relief operations.
Article 14
National directorate for emergency planning
The national directorate for emergency planning is the service within ANPC responsible for the following tasks:
a) To promote the forecast and to ensure the monitoring and assessment of collective risks;
b) To assess vulnerabilities in risk situations;
c) To develop and maintain a national alert and warning system;
d) To guarantee the development and coordination of emergency planning;
e) To draw up appropriate technical guidelines for prevention and relief;
f) To regulate, license and monitor the fire safety area.
Article 15
National fire directorate
The national fire directorate is the service within ANPC responsible for the following tasks:
a) To regulate and monitor the activity of fire brigades;
b) To supervise the infrastructure network and equipment of fire brigades;
c) To develop, implement and maintain programmes for:
i. Firemen training and instruction;
ii. Health prevention, hygiene and safety of staff of fire brigades;
iii. Encouragement and participation of volunteers.
Article 16
National directorate for civil protection resources
The national directorate for civil protection resources is the service within ANPC responsible for the following tasks:
a) To plan, organise and manage ANPC’s human resources;
b) To plan and manage ANPC’s financial and technological resources;
c) To manage and ensure the maintenance of ANPC’s computer network and databases;
d) To plan and manage ANPC’s telecommunications equipment;
e) To purchase goods and contract services;
f) To ensure the management of:
i. ANPC’s documents and archive;
ii. ANPC’s premises and equipment;
iii. ANPC’s car fleet.
Article 17
National command for relief operations
1 - The national command for relief operations, CNOS for short, is headed by the national operational commander, assisted by the 2nd national operational commander and by three national operation deputies.
2 - The CNOS comprises the planning, operations and information cells, the logistics cell, the air resources cell and the communications cell.
3 - Powers granted to CNOS and to cells referred to in the preceding paragraph are provided for in the scope of the Integrated System for Protection and Relief Operations (SIOPS), approved by Decree-Law No 134/2006, of 25 July.
4 - The 2nd national operational commander and the three national operation deputies report directly to the national operational commander and shall exercise the powers and tasks determined by the latter.
Article 18
District commands for relief operations
1 - Each district shall be provided with a district command for relief operations, CDOS for short, headed by a district operational commander, assisted by the 2nd district operational commander.
2 - By order of the member of the Government in charge of the Internal Administration area, taking into account the needs arising from natural, technological and human activity risks, the CDOS may be joined by a district operation deputy.
3 - Powers granted to CDOS are provided for in the scope of the Integrated System for Protection and Relief Operations (SIOPS), approved by Decree-Law No 134/2006, of 25 July.
4 - CDOS shall also ensure a permanent operational articulation with the municipal operational commander.
5 - The district operational commander reports hierarchically to the national operational commander.
6 - The 2nd district operational commander and district operation deputy report directly to the district operational commander and shall exercise the powers and tasks determined by the latter.
CHAPTER IV
Management
Article 19
Revenue
1 - The ANPC shall receive revenue resulting from appropriations assigned thereto in the State’s Budget.
2 - The ANPC shall also have its own revenues, as follows:
a) Amounts of fines imposed, within the legally admissible limits;
b) Subsidies and copayments granted by public or private bodies, either national or foreign;
c) Grants, levies, donations, inheritances or legacies from bodies and respective income;
d) Revenue from the sale of publications;
e) Income from property;
f) Remuneration for services provided, namely studies, opinions, lectures and conferences on civil protection and rescue themes;
g) Percentages legally granted on premiums for insurance;
h) Any other revenues granted by law, regulation, contract or otherwise.
3 - Revenue collection, deposit and control shall be carried out pursuant to legislation that applies to integrated bodies.
Article 20
Expenditure
Charges resulting from the pursuit of assigned tasks shall be deemed to be ANPC’s expenditure, namely:
a) Expenditure involved in the operation of bodies and services, as well as expenditure resulting from the participation in partnerships with other public or private bodies;
b) Financial support for investment and for purchase and maintenance of supplies and equipment required for fire-fighting and for other forms of assistance entrusted to fire brigades;
c) Subsidies and awards related to relief operations and functioning of humanitarian fire associations and respective fire brigades, as well as preparation and continuing training of their staff.
CHAPTER V
Human resources
Article 21
Table of management positions
Senior management positions of 1st and 2nd degree and middle management position of 1st degree are shown in the map in annex to this Decree-Law, which is deemed to be an integral part hereof.
Article 22
Technical teams
1 - By order of ANPC’s chairman, technical teams may be established, as functional units with no formal departmentalization, whenever this is deemed to be convenient for the development of ANPC’s tasks.
2 - The maximum number of teams allowed is established in the administrative rule provided for in paragraph 4 of article 21 of Law No 4/2004, of 15 January.
3 - By order of ANPC’s chairman, one of the higher technicians integrating each team may be appointed as its coordinator, according to the merit and profile identified for the purpose, receiving a salary supplement corresponding to 10% of the index 100 amount of the wage scale of senior public service officials, and the total amount of such remuneration may not exceed that received by the officer holding the middle management position of 2nd degree.
Article 23
Shift work
Taking into account the need to permanently ensure the operational activity, staff shall be available on-call in shifts, according to general law.
Article 24
Standby duty
1 - ANPC requires full availability for the provision of service, thus its staff must not fail to show up nor to remain on-call in case of an imminent or actual serious accident or disaster, save in duly substantiated exceptional cases.
2 - Failure to fulfil the duty provided for in the preceding paragraph entails liability to disciplinary action under the law.
Article 25
Driving vehicles
1 - By substantiated order of ANPC’s chairman, staff providing services at ANPC may be authorized to drive vehicles used by ANPC.
2 - Staff authorized pursuant to the preceding paragraph shall be subject to provisions in articles 3, 4 and 5 of Decree-Law No 490/99, of 17 November.
CHAPTER VI
Transitional and final provisions
Article 26
Succession
ANPC shall assume the powers, as well as rights and obligations of the Serviço Nacional de Bombeiros e Protecção Civil (the National Fire and Civil Protection Service).
Article 27
Service assignments
1 - The entry into force of this Decree-Law shall terminate all service assignments of the operational command structure.
2 - Without prejudice to the preceding paragraph, and until new officers are appointed, the staff referred to in the preceding paragraph shall ensure the day-to-day management at ANPC’s organic units that assume or functionally integrate the powers for which they had been appointed.
Article 28
Repealing provision
The following statutory instruments are hereby repealed:
a) Decree-Law No 294/2000, of 17 November;
b) Decree-Law No 49/2003, of 25 March, as amended by Decree-Law No 97/2005, of 16 June, and by Decree-Law No 21/2006, of 2 February, except for paragraphs 2 and 3 of article 9, paragraphs 5 and 6 of article 29 and articles 42, 43 and 49-A.
Article 29
Entry into force
This Decree-Law shall enter into force on the first day of the month following its publication.
Checked and approved in the Council of Ministers of 18 January 2007. – José Sócrates Carvalho Pinto de Sousa - António Luís Santos Costa - Fernando Teixeira dos Santos - Henrique Nuno Pires Severiano Teixeira - Mário Lino Soares Correia - António Fernando Correia de Campos.
Promulgated on 19 March 2007.
Let it be published.
The President of the Republic, ANÍBAL CAVACO SILVA.
Counter-signed on 21 March 2007.
The Prime Minister, José Sócrates Carvalho Pinto de Sousa.
ANNEX
Table of management positions
(referred to in article 21)
(see original document)
