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Decree Law No. 62/2011


Publication: Republic Diary No. 89/2011, Series I of 2011-05-09
  • Issuer: Ministry of National Defence
  • Diploma Type: Decree Law
  • Number: 62/2011
  • Pages: 2624 - 2627

Summary in plain english

What is it?

This decree-law defines how to identify and protect essential transport and energy infrastructures (for example, airports, harbours, roads and infrastructures involved in electricity, gas or oil production).

These infrastructures are considered critical because their destruction or the disruption of their normal activity will have a negative impact on the public's health, safety and well-being.

What will change?
Identifying critical infrastructures

The National Council for Emergency Civil Planning (CNPCE) identifies critical infrastructures, taking into account the potential consequences of their destruction or disruption:

  • the number of dead or wounded in the case of an accident
  • the economic losses or the negative effects on the environment
  • the effects on the population (loss of trust, physical suffering, disruption of daily life).

When these consequences are not limited to Portugal and affect other EU countries, those countries must be informed.

If the local authorities agree with the analysis presented by the CNPCE, the infrastructure will then be classified as a European Critical Infrastructure (ECI).

The ECI identification process must be concluded by 31 December 2011. This information is confidential and must only be shared with the infrastructure's owner or operator and with the countries that could be significantly affected.

The European Commission is informed about the number of ECIs identified and the number of countries affected by each ECI.

If the Portuguese authorities consider that Portugal may be affected by an infrastructure located in another country and which has not been identified as an ECI, they may request that the Commission starts the identification process.

Critical infrastructure security plans

Each critical infrastructure has a security plan which is the responsibility of the operator. The plan must be in place within in one year – from the day the infrastructure was identified as critical – and be reviewed annually.

The plan must include, among other things:

  • a risk analysis
  • permanent safety measures
  • safety measures to be activated according to the threat level.

As the operator security plan has to work together with the plan designed by the civil protection and security forces, it must be reviewed by the relevant security forces and the National Authority for Civil Protection, and then be validated by the Secretary-General for the Internal Security System (SG SSI).

Points of contact for ECI protection

To make the protection of ECIs easier, there is a “point of contact” in each European Union country. In Portugal, CNPCE is the point of contact for ECI identification and the SG SSI is the point of contact for ECI security.

What will change?

This decree-law is intended to protect infrastructures that are essential for the public's health, safety and well-being.

When does it come into effect?

This decree-law comes into effect five days after being published.

Original Version

LEGAL TRANSLATOR

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CONSOLIDATED LEGISLATION

Legislative consolidation integrates the various amendments and rectifications made into an original legal diploma in order to make its consultation more accessible to the citizen.