Ministério da Ciência e da Tecnologia (Ministry for Science and Tecnology)
Decree-Law
Decree-Law no. 290-D/99, of 2 August, that approved the legal regime for electronic documents and digital signatures, determines in article 40, that an accreditation authority shall be designated, responsible for the accreditation and inspection of certifying entities, under the terms and for the purposes of the said diploma.
The Organic Law of the Ministry of Justice attributes these functions to the Instituto das Tecnologias da Informação na Justiça (ITIJ - Institute of Information Technologies in Justice). Given the nature of these functions, the said Institute will be aided by a technical committee responsible for ensuring that the ITIG performs the said responsibilities in a correct and efficient manner.
Hence:
Under the terms of paragraph a) of point 1 of article 198 of the Constitution, the Government decrees the following, as General Law of the Republic:
Article 1
The accreditation authority responsible for the accreditation and inspection of certifying entities, and the exercise of the powers attributed under the terms of Decree-Law no. 290-D/99, of August 2 is the Instituto das Tecnologias da Informação na Justiça.
Article 2
The Instituto das Tecnologias da Informação na Justiça will be aided by the Accreditation Technical Committee in the exercise of the powers assigned to it under the terms of Decree-Law no. 290-D/99, of August 2.
Article 3
1 - The Accreditation Technical Committee is a consultative body, responsible for issuing opinions on all those questions that are submitted to it by the accreditation authority. The technical assessment and decisions on accreditation requests from certifying entities regulated by Decree-Law no. 290-D/99, of August 2 are obligatorily subject to the opinions of the Accreditation Technical Committee.
2 - The Accreditation Technical Committee may also, on its own initiative, send opinions or recommendations to the accreditation authority.
Article 4
The Accreditation Technical Committee shall be composed as follows:
a) A representative designated by the Ministry of Science and Technology that shall chair the committee;
b) A representative designated by the Ministry of Justice;
c) A representative from the Instituto das Comunicações de Portugal;
d) Two persons of recognised merit within the Committee's sphere of activity, co-opted by the other members.
Article 5
1 - The Accreditation Technical Committee will normally meet every two months, and will hold extraordinary meetings whenever this is considered to be necessary, on initiative of the chairman or on request from the accreditation authority.
2 - Each meeting of the Committee will confer the right to an attendance payment for all those participating members that are neither public officials or agents. The amount of this attendance payment will be defined by a joint order of the Minister of Finance, Minister of Justice and Minister of Science and Technology.
Article 6
The Instituto das Tecnologias da Informação na Justiça will provide logistic and administrative support to the Committee, and will also assume responsibility for the expenses inherent to its operation.
Article 7
The Instituto das Tecnologias da Informação na Justiça is empowered, within the exercise of the functions specified by the present diploma, to request from other public or private entities any co-operation it deems necessary.
Seen and approved in Council of Ministers of 27 July, 2000. - Jaime José Matos da Gama - Luís Manuel Ferreira Parreirão Gonçalves - Diogo Campos Barradas de Lacerda Machado - José Mariano Rebelo Pires Gago.
Enacted on 7 September,
2000. Let this be published.
President of the Republic, Jorge Sampaio.
Counter-signed on 14 September, 2000.
Prime Minister, António Manuel de Oliveira Guterres.
