Caiado Guerreiro & Associados: Newsletter February 201302/28/2013

LEGAL

NATIONAL RENTING OFFICE
Decree-Law 1/2013 has created the National Renting Office (BNA), which aims at accelerating the process of eviction of tenants. The BNA is created within the Directorate-General of the Administration of Justice as Administration Office with exclusive competence for the special procedures of eviction throughout the national territory. The BNA, which shall operate electronically, is a key component of the Renting Law (Law 31/2012) that has entered into force on November 12, of last year. With the BNA the intention is to create a special process of eviction, which had to be filed before the courts in the past, so as to enable the fast placement of the rented premises in the rental market. The desired speed may bump on the need for a prior authorization of the Court whenever the eviction of the rented house corresponds to the residence of the tenant and he does not willingly vacate it or does not comply with the period agreed with the landlord to leave the house. For the BNA to be able to fully function the Government published the following Ordinances: Ordinance nr. 9/2013, which regulates several aspects of the Special Procedure of Eviction and Ordinance nr. 7/2013, which determines the permanent staff of the BNA.
For any further information on this matter please contact: Sandra Ferreira Dias

ADMINISTRATIVE REORGANIZATION OF PARISHES APPROVED
The law on the Administrative Reorganization of Parishes was enacted and the changes foreseen in the document have implications in more than two hundred municipalities and reduce by more than a thousand, the number of parishes. This is a change that decisively influences the territorial planning of the country, namely, the organization of the electoral process. The parishes are vital administrative units in which the territorial organization of the voter’s registration is based. This implies a special concern with the adaptation of the voter’s registration to the administrative reorganization so that the voters have information pertaining to the parish where they vote and the voters number. Moreover, it must be also considered the deadlines laid down for the definition of the number of mandates relating to the various local bodies, defined according to the results of the voter registration, obtained through the central database of voters registration and published by the Ministry of Interior in the Official Journal of the Republic with the advance of 120 days before the term of the mandate, according to the message of the head of State.
For any further information on this matter please contact: Maria Margarida Torres

INDUSTRIES THAT REDUCE ENERGY CONSUMPTION DO NOT PAY ISP OF NATURAL GAS
The Agency for Energy (ADENE) has announced that there will be an extra incentive for companies to reduce their energy consumption. The industries that are subject to the “agreements of rationalisation of energy consumption” (ARCE), and thus reduce their CO2 emission levels, may be released from the obligation to pay the tax on petroleum products (ISP), which currently amounts to € 2.84 per gigajoule. This is a measure dedicated to promoting the implementation of the ARCE agreements in industries that use natural gas as fuel and, therefore, for their assumption of responsibility for the environment. The rationalisation of consumption referred to above is based on a system called "Plan for Rationalisation of Energy Consumption" (ARCE), which starts from a first internal audit of the energy company that sets a goal of reducing consumption, and that by means of rationalisation implements measures to this reduction. To be entitled to the exemption of ISP the company must make the request in the SGCIE portal (Management System of the Intensive Energy Consumptions).
For any further information on this matter please contact: Marta Paiva


BUSINESS

PORTUGUESE FOOTWEAR HAD THE BEST YEAR EVER
2012 will stay in history as the best year ever for the Portuguese footwear sector, according to the Portuguese Association of Footwear Industry (APICCAPS) and based on the data of exports revealed this week by the National Statistics Institute (INE). The turnover of the first 11 months of the year reached 1,560 million Euros, showing a growth of 3.7% compared to the same period in 2012, which had already registered a progress of 16%. Portuguese businessmen of this sector, year after year, have been betting heavily in the promotion of their products abroad, especially in new international markets like the United States, Japan, Russia or Canada. The expansion to these new markets has, in fact, reached 35%. It should be noted that, according to the same data, more than 95% of the Portuguese footwear production is exported to 132 markets spread across five continents. Portuguese footwear is now the second most expensive footwear in the world, only surpassed by the Italian Footwear.
For any further information on this matter please contact: Joaquim Cunha Reis Ferreira

PORTUGUESE COMPANIES AMONG THE MOST INNOVATIVE
According to Eurostat, between 2008 and 2012, approximately 60.3% of Portuguese firms have chosen to conduct their businesses towards innovative activities, being only surpassed, among their European counterparts, by Germany (79%), Luxembourg (68%) and Belgium (61%). In order to determine the degree of innovation of European companies, through surveys conducted among them, the study took into account, according to the Eurostat itself, not just the products and procedures, but also the marketing organization. Among those who claimed that they had undertaken innovative activities in terms of products and procedures 20% reported having cooperated with other companies, universities or research centers, but 37% have exclusively used their own resources. Regarding cooperation with European companies, Portugal, although below the European average, was 9% above other countries such as Germany, Italy or Spain.
For any further information on this matter please contact: Tatiana Cardoso

MERGER ZON AND OPTIMUS – FUTURE ZON OPTIMUS SGPS?
In the end of January the Board of Directors of Zon and Optimus, unanimously approved the merger project of both companies, which will give rise to Zon Optimus SGPS. The Project, which has already been registered in the commercial registry, will be up for vote of the shareholders of ZON on March 7, although its subsequent approval by the Portuguese Securities Market Commission and the Competition Authority is still necessary. These two companies are confident that the forthcoming ZON OPTIMUS SGPS, benefiting from infrastructure already held by its founders in both mobile and fixed networks, will allow the reduction of dependence in the face of competitor operators and will ensure the possibility of presenting to the market the quadruple play offer (fixed network, mobile network, TV and broadband internet), which is believed to be its biggest asset.
For any further information on this matter please contact: Ricardo Rodrigues Lopes