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)
Decree-Law no. 48/2011 of 1 April supports the "Licenciamento zero" (zero licensing) initiative and is aimed at the simplification of the regime governing various economic activities and the dematerialization of the respective administrative procedures on the "Balcão do empreendedor" (Enterprise contact point).
Notwithstanding that the Decree-Law entered into force on 2 May 2011, it came into effect in a phased manner over a period of one year, and came into full effect on 2 May 2012.
Since May 2011, Agência para a Modernização Administrativa, I.P. (Agency for Public Services Reform) and the municipalities have been preparing the content and services of the "Balcão do empreendedor" (Enterprise contact point) with a view to providing a new technology platform which responds to the requirements of the legislation and enables improved services to be delivered to citizens and businesses.
Order no. 154/2011 of the Minister of State and Finance of 28 April 2011 prohibited the assumption of new commitments pursuant to Chapter 50 of the State Budget, which prohibition is maintained until 31 December 2011.
As such, it was only possible to acquire the services to develop the technology platform supporting full provision of the "Balcão do empreendedor" (Enterprise contact point) in the current year, even while important steps were taken, both in terms of defining the contents and as regards the services to be made available on the platform.
Given the constraints described, and despite the initial expectation of Agência para a Modernização Administrativa, I.P. (Agency for Public Services Reform) that the "Balcão do empreendedor" (Enterprise contact point) would be launched by the end of the first half of 2012, full accomplishment of the law was unavoidably delayed until 2 May 2013, as came to be established by Decree-Law no. 141/2012 of 11 July.
It also became necessary to amend Administrative Rule no. 131/2011 of 4 April, establishing the implementation of this legislation in a phased manner, in accordance with the Administrative Rule, with extension of the specified timetable.
Accordingly, a specific timetable was established for the entry into force of the different components governed by Decree-Law no. 48/2011 of 1 April, as giving basis to the "Balcão do empreendedor" (Enterprise contact point), seeking not only to safeguard and fulfil the needs of citizens and businesses in accessing and pursuing their activity, but also to engage with municipalities in a concerted and timetabled manner. Furthermore, the timings of the experimental phase were to be brought into line with the above deadline extension, enabling full accomplishment and completion.
Accordingly:
Under the provisions of article 3 and paragraph 1 of article 42 of Decree-Law no. 48/2001 of 1 April, the Government ordered, by the Secretary of State Assistant to the Minister Assistant and of Parliamentary Affairs and the Secretary of State of Entrepreneurship, Competitiveness and Innovation, as follows:
Article 1
Amendment to Administrative Rule no. 131/2011 of 4 April
Articles 5 to 7 of Administrative Rule no. 131/2011 of 4 April, shall read as follows:
"Article 5
[...]
1 - ...
2 - ...
3 - The pilot phase terminates on 31 December 2012.
Article 6
[...]
1 - ...
2 - ...
3 - ...
4 - The remaining municipalities are to join the scheme no later than 2 May 2013.
Article 7
[...]
1 - Without prejudice to articles 5 and 6 of the present Administrative Rule, Decree-Law no. 48/2011 of 1 April shall take effect from 2 May 2013, in particular as regards the following matters:
a) Installation and modification of establishments, commercial records and occupation of the public space and urban operations as referred to in paragraphs 1 to 3 and paragraph 5 of article 2 and in article 6 of Decree-Law no. 48/2011 of 1 April;
b) Elimination of licensing for publicity messages, as referred to in points b) and c) of paragraph 3 of article 1 of Law no. 97/88 of 17 August, as amended by article 31 of Decree-Law no. 48/2011 of 1 April;
c) Timetable of operating hours of establishments referred to in article 4-A of Decree-Law no. 48/96 of 15 May, as amended by article 34 of Decree-Law no. 48/2011 of 1 April.
2 - ...
3 - The provisions of Decree-Law no. 48/2011 of 1 April, which do not presuppose the existence of the "Balcão do empreendedor" (Enterprise contact point), shall take effect from 2 May 2011, including those as stipulate:
a) elimination of the licensing of the activity of agencies selling tickets to public performances;
b) licensing of the pursuit of the activity of conducting auctions;
c) elimination of the licensing of publicity messages as referred to in point a) of paragraph 3 of article 1 of Law no. 97/88 of 17 August, as amended by article 31 of Decree-Law no. 48/2011 of 1 April;
d) repeal of paragraph 2 of article 3 of Decree-Law n. 309/2002 of 16 December, as referred to in point f) of article 41 of Decree-Law no. 48/2011 of 1 April;
e) requirement that operators of restaurant or beverage outlets which have spaces or rooms available for dancing or spaces or rooms where dancing customarily takes place or which have provisory areas of entertainment, comply with the rules laid down in Decree-Law no. 309/2002 of 16 December, as amended by Decree-Law no. 268/2009 of 29 September;
f) the definitions contained in Annex II of Decree-Law no. 48/2011 of 1 April.
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 2013.
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 2013."
Article 2
Entry into force
The present Administrative Rule shall enter into force on the day following its publication.
The Secretary of State Assistant of the Minister Assistant and of Parliamentary Affairs, Feliciano José Barreiras Duarte, on 14 September 2012. - The Secretary of State of Entrepreneurship, Competitiveness and Innovation Carlos Nuno Alves de Oliveira, on 13 September 2012.
