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Decree Law No. 48/2011, of 2011-04-01

Consolidated

Publication: Republic Diary No. {0}, Series {1} of {2}
  • Issuer: Consolidated Legislation
  • Diploma Type: Decree Law
  • Number: 48/2011

Summary in plain english

What is it?

This decree-law simplifies the use of the public space, the display and the registry of commercial advertising messages, within the “Zero Licensing” initiative, aimed to reduce the administrative costs on the companies.

It adopts the following measures:

In the use of the public space, the approval is replaced by a prior communication for purposes related to catering and drinks, trade of goods and provision of services or storage.

The display and registry of commercial advertising messages do not imply their approval.

The following are no longer required:

    • The authorization for the activity of public shows ticket-selling agencies;
    • The authorization for the exercise of the auction activity.

A single electronic desk is created, called “Entrepreneur’s Desk”, accessible to the Company’s Portal, to the Company’s Bureaus and to the municipalities which provide it.

Installation, alteration and closing of establishments

The installation of an establishment is subject to a prior communication, sent by the exploitation’s owner to the president of the competent city council to the director-general of Economic Activities.

The prior communication consists of a statement which allows the stakeholder to proceed to the opening of the establishment, to the exploitation of the warehouse or to the beginning of the activity, according to the case, after the payment of the due rates.

The prior communication must contain the following elements:
    • The identification of the establishment exploitation’s holder (name or corporate name and the tax identification number).
    • The address of the legal person’s registered office or of the individual entrepreneur;
    • The address of the establishment and the correspondent name or emblem;
    • The code which frames the economic activity of the companies and self-employed professionals;
    • The date or beginning of the establishment’s opening to the public;
    • The statement of the holder stating that they are aware of their obligations.

The establishment exploitation’s holder must keep the communicated data up-to-date and must proceed to its update within 60 days after the occurrence of any alteration.

Occupation of the public space

The stakeholder of the exploitation must use the “Entrepreneur’s Desk” to declare that he/she wishes to occupy the public space, as the free access and collective use area connected to the public domain of local autarchies, for instance for the installation of an open esplanade or of ice-cream chests and machines.

Commercial registry

The establishment exploitation’s holders are bound to the electronic communication of the data essential to the commercial registry, in the case of installation, alteration or closing of the commercial establishment.

Authorization request

The city council verifies the request, within 20 days from its reception, and must communicate is result to the stakeholder, through the “Entrepreneur’s Desk”:

    • deferral order; or
    • non-deferral order, which contains the identification of the nonconformities of the request.

If an answer is not received within 20 days, the request is deemed as deferred, even if not expressly deferred.

Rates applied at the “Entrepreneur’s Desk”

The rates applied for the procedure are disclosed at the “Entrepreneur’s Desk”.

The payment of the rates’ value is automatically carried out at the “Entrepreneur’s Desk”, except in the following cases in which the elements necessary for the payment through electronic means may be provided by the municipality at that desk, within five days after the communication or the request:

    • Rates due for the procedures regarding urbanistic operations;
    • Rates due for the occupation of the public space, which determination does not automatically result from the “Entrepreneur’s Desk”.

The obligations published at the “Entrepreneur’s Desk” must be characterized by clear information and simple language.

The compliance with the provisions must rely on the participation of DGAE, the municipalities and the supervising entities, namely ASAE.

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