GDDC | Direitos Humanos | Portugal e os Direitos Humanos

Relatórios apresentados no quadro do Conselho da Europa e Decisões do Comité de Ministros sobre a Aplicação da Carta Social Europeia

Chapter 12 - Conclusions concerning Articles 7, 8, 11, 14, 17 and 18 of the Charter in respect of Portugal

The Committee takes note of the information provided in the Portuguese report.
In addition, it takes note of the detailed information provided in the Portuguese Government's report on the measures taken to apply the Committee of Ministers Recommendation No. Rec ChS (98) 5 and Resolution No. Res ChS (99) 4, adopted following Complaint No. 1/1998 - International Commission of Jurists v. Portugal.

During the reference period, the Portuguese Constitution was amended by Constitutional Act No. 1/97 of 30 September 1997 so as to include the prohibition of employing school children in Article 69. Portugal ratified ILO Convention No. 138 in 1998.

Further developments, outside the reference period, are described in the reports. Act No. 58/99 of 30 June 1999 amended the Legal System of the Regulation of the Employment Contract. Section 122 sub-section 1 of the latter now provides that the minimum age for admission to employment is, as noted in the previous conclusion, 16 years. Sub-section 2 now defines light work. Section 5 of this Act 58/99 extends the minimum age rule to self-employment.

A series of statutes was enacted in August 1999 to reinforce labour sanctions (Acts Nos. 113, 114, 116 and 118/99). The illegal employment of children is a very serious infringement. The level of fines varies with the size of the enterprise. Criminal sanctions may also be applied.

The report describes initiatives taken by labour inspectors against the employment of children, with increased inspection visits at the start of the academic year 1999/2000 in the regions and sectors where the problem is most acute. The Committee takes note of the information provided on the continuing activities undertaken within the context of the Plan for the Elimination of the Exploitation of Child Labour (PEETI), which concentrates on awareness-raising, prevention and alternative solutions. Government Resolution 1/2000 extended the mandate of PEETI to the end of 2003. The reports also describe the Integrated Programme for Education and Training (PIEF), which aims to provide an individualised solution to children at risk of abandoning their education. The Committee asks for information on the progress and results of these measures to be included in the next report. Noting that further data will be made available on the basis of a second survey conducted in October 1999 investigating the effect of child work on education, the Committee asks to receive the results in the next report under this provision.

The Committee recalls that it previously found the situation not to be in conformity with the Charter on account of the "significant lack of respect" in practice for national legal provisions on the minimum age of admission to employment. Taking account of the data obtained from the family survey conducted in October 1998, and considered in Complaint No. 1/1998 - International Commission of Jurists against Portugal, the Committee reiterates that, during the reference period, the situation was not in conformity with the Charter.

The Committee concludes that because of the extent of child labour in Portugal during the reference period, the situation is not in conformity with Article 7 para. 1 of the Charter.

As in its previous conclusion, the Committee notes that the minimum age for admission to employment is 16 years in Portugal. Having already considered the provisions of Order No. 715 of 3 August 1993, which prohibits or restricts the employment of young persons in activities involving contact with scheduled hazards (see Conclusions XIII-5, pp. 85-186), the Committee concludes that the situation is in conformity with the Charter. It asks that the next report include information on the number of occupational accidents and diseases among young workers.

The Committee concludes that the situation in Portugal is in conformity with Article 7 para. 2 of the Charter.

The Portuguese report confirms that children under 16 years old who have not yet completed their compulsory schooling may not be employed, not even in light work.

In its previous conclusion, the Committee considered that the situation was not in conformity with the Charter since children aged 16 years old who have not completed their compulsory education may combine work with training for up to 40 hours per week. The report stresses that the work concerned is necessarily part-time work, since such children remain subject to compulsory education and must attend classes for part of the week. The Committee considers that this information permits it to revise its previous assessment.

The Committee takes note of the scheme set up under Joint Ordinance No. 123/97 of the Ministries of Education and Labour to provide education and training modules to children who either reach the end of compulsory schooling without a qualification, or who obtain the corresponding diploma but do not wish to continue their education. Under the Joint Ordinance, classes are provided to allow the former group obtain an educational qualification, and both groups to obtain a recognised vocational qualification.

As noted under Article 7 para. 1, a second survey of school children was carried out in October 1999, following up on the findings of the family survey conducted in September 1998 in co-operation with the International Labour Organisation (ILO). The Committee requests the results of the more recent survey, as well as the Government's comments.
The Committee concludes that the situation in Portugal is in conformity with Article 7 para. 3 of the Charter.

The Committee recalls that since 1 January 1997, the minimum age of admission to employment in Portugal is 16 years old and that, as a consequence, young people aged between 15 and 16 are only allowed to perform light work. It further recalls that the personal scope of Article 7 para. 4 covers young persons under the age of 16.

Under these circumstances, the Committee concludes that the situation in Portugal is in conformity with Article 7 para. 4 of the Charter.

The Committee notes that there exists no general legislation in Portugal fixing remuneration levels on the basis of age. Act No. 45/98 prohibits wage discrimina-tion of young workers and amends Legislative Decree No. 69-A/87 which hence-forth provides that the statutory minimum wage can only be reduced where the capacity of the worker is reduced or where the work has the character of practical training for a skilled or highly skilled occupation. In the latter case the reduction may not exceed 20% for a maximum duration of one year (six months where certain types of training are concerned).

The report states that the legislative framework for apprenticeship training has been reformed by Legislative Decree No. 205/96 which repeals Legislative Decrees Nos. 102/84, 436/88 and 383/91. The new legislation provides for various forms of financial support for young persons undergoing training such as regular grants to cover expenses for food, accommodation, transport, etc., training grants for young unemployed persons in training, grants relating to work carried out by young persons as part of their training (i.e. remuneration for work performed) and development grants in special cases, for instance in priority sectors where there is a particular training need.

Grants relating to work carried out in the context of training are calculated as a percentage of the statutory minimum wage for the previous year and as a function of the number of hours. The percentage is 30% the first year, 40% the second year and 50% the third year. The Committee considers the resulting remuneration to be low, especially in the second and third year. It recalls its case-law according to which apprentice wages on an indicative basis must not be lower than about a third of the starting wage of an adult wage at the beginning of the apprenticeship and about two-thirds at the end. It asks whether the remuneration paid to apprentices by employers in practice is higher than the minimum percentages mentioned above.

The Committee takes note of the information on average monthly wages of young workers (between 15 and 19 years of age) and adult workers in the 20-24 age group with different levels of qualification in 1997. It notes that the difference between the two age groups is generally rather modest: a skilled young worker earns on average 67,759 escudos (PTE) per month compared to 77,842 PTE for a worker in the 20-24 age group. An unskilled young worker earns on average 64,150 PTE per month compared to 69,219 PTE in the 20-24 age group. It is recalled that the statutory minimum wage in 1997 was 56,700 PTE (51,450 PTE for domestic workers).

However, the Committee underlines that in order to assess the situation it must have information on the minimum or lowest wages of young workers and appren-tices calculated net, i.e. after deduction of taxes and social security contributions. In addition, it needs information on starting wages or minimum wages of adult workers, also calculated net. Net calculations should be made for the case of a single person. The Committee recalls that in Conclusions XIV-2 (pp. 644-645) it deferred its conclusion under Article 4 para. 1 pending receipt of similar information (minimum and average net wages of adult workers).

Pending receipt of the information requested, notably in respect of apprentice wages, the Committee defers its conclusion.

Paragraph 6 - Treatment of the time spent in vocational training as forming part of the working day

The Committee notes from the Portuguese report that Act No. 26/81 has been repealed by Act No. 116/97 which lays down the legal framework for "student-workers" attending official state education courses or equivalent courses . Under the new legislation the weekly time to be set aside for participation in training without any reduction in wages is determined as follows as a function of weekly working hours:

- working hours between 20 and 29 hours per week give entitlement to 3 hours training weekly;
- between 30 and 33 hours per week to 4 hours;
- between 34 and 37 hours per week to 5 hours;
- more than 38 hours per week to 6 hours.

Moreover, the act provides for a leave of two days without pay reductions in connection with the sitting of exams (the day of the exam plus the day prior to the exam).

The report states that these rules apply in the absence of an agreement on the matter between the "student-workers", the workers' representation structures and the employer. It further emphasises that more favourable rules are often laid down in collective agreements. In certain sectors, for instance agriculture, dock work, the automotive industry, the ceramic industry and the paper and glass industry, collective agreements provides for between one and a half and two hours training daily without loss of remuneration. According to the report these provisions apply to young workers as well as to adult workers.

In the light of the information provided, the Committee concludes that the situation in Portugal is in conformity with Article 7 para. 6 of the Charter.

The Committee notes that there have been no changes to the situation which it has previously found to be satisfactory.
It therefore concludes that the situation in Portugal is in conformity with Article 7 para. 7 of the Charter.

The Committee notes that the sole change relevant to this provision of the Charter which has occurred during the reference period is the introduction of special legislation on employment relationships on board fishing vessels. Act No. 15/97 provides that young persons between 16 and 18 years old may perform night work between 11 p.m. and 7 a.m. on board fishing vessels subject to certain restrictions (including a requirement for annual medical control). For minors night work is prohibited in the period between midnight and 4 a.m. except in special circum-stances. According to the report, the new act takes into account the night work provisions of Community Directive 94/33.

The Committee takes note of the information on the number of young workers engaged in night work. A total of 4,000 men and 2,800 women between 16 and 18 years of age performed night work during 1998, the majority in the service sector. The Committee wishes to continue to receive information on the number of young persons engaged in night work.

The report states that outside the reference period Legislative Decree No. 409/71 was amended by Act No. 58/99 which transposes Community Directive 94/33. Henceforth Section 33 of the Decree lays down a general prohibition of night work for young persons under the age of 16 between 8 p.m. and 7 a.m. and between 11 p.m. and 7 a.m. for young persons over the age of 16. For the latter group a number of exceptions apply. The Committee will assess the new legislation in its next conclusions.
However, as there was no general prohibition of night work for young workers aged 16 to 18 in non-industrial establishment during the reference period, the Committee concludes that the situation in Portugal is not in conformity with Article 7 para. 8 of the Charter.

Paragraph 9 - Provision of regular medical control for young workers under eighteen

The Committee notes from the Portuguese report that Act No. 15/97 on employ-ment relationships on board fishing vessels in its Section 35 para. 3 provides for pre-employment medical examinations as well as subsequent annual examinations of young workers under 18 who will be engaged in night work (see also Article 7 para. 8).

The Committee further notes that Act No. 58/99 which was adopted outside the reference period and which transposes Community Directive 94/33 introduced amendments to existing legislation of relevance to this provision of the Charter. The Committee will examine these amendments in its next conclusions.

In reply to the Committee's question, the report states that Legislative Decree No. 26/94 applies to all workers and self-employed without exception and in all economic sectors, except in those where special legislation apply (the merchant navy, the fishing industry and retail). The Committee takes this as a confirmation that minors working in family businesses are also covered.
The Committee concludes that the situation in Portugal is in conformity with Article 7 para. 9 of the Charter.

Paragraph 10 - Special protection for children and young people from physical and moral dangers to which they are exposed

The Committee notes the information contained in the Portuguese report.
It refers to its conclusion under Article 11 in respect of measures to prevent drug addiction and alcoholism.

The Committee wishes to be informed as to whether legislation prohibits the use of children in the sex industry, and to receive information on any supervisory system and sanctions that may accompany this prohibition.

The Committee concludes that the situation in Portugal is in conformity with Article 7 para. 10 of the Charter.

The Committee recalls its previous conclusion (Conclusions XIII-5, p. 194) that, in the absence of a compulsory six-week postnatal leave period, the situation in Portugal did not conform to the Charter.
The report indicates that during the period under review (1997-1998) the situation remained unchanged, the maternity leave stipulated for all working women being of 98 days' duration, of which only 14 were compulsory; 60 days were to be taken following childbirth and the remaining 30 either before or after (Act No. 17/95).

The report nevertheless explains that Act No. 142/99, whose entry into force postdates the reference period, prescribes a compulsory leave period of 6 weeks following childbirth. Furthermore, there have been extensions of the total leave period, to 110 days (applicable from 1 January to 31 December 1999) and to 120 days with effect from 1 January 2000 (Act No. 18/98). The Committee welcomes this improvement, from which it infers that whereas under Section 10 sub-section 3 of the Act No. 17/95 of 9 June 1995 a mother could relinquish her leave to the father, this will now only be possible after the six weeks of compulsory leave.

The employer's non-compliance with these provisions is defined as a very serious offence, fineable at rates of 300,000 escudos (PTE) to 9 million PTE maximum (Section 9 of Act No. 118/99 of 11 August 1999). The Committee asks that the next report provide information on the application of the legislation in practice, particu-larly by stating if possible the number of breaches recorded by the labour inspec-tors.

The Committee recalls that Article 8 para. 1 requires the right to maternity leave to be secured by law to all gainfully employed women, with a minimum duration of 12 weeks including 6 weeks of compulsory postnatal leave.

The Committee concludes that the situation in Portugal is not in conformity with Article 8 para. 1 of the Charter on this point because, during the reference period in question (1997-1998), the postnatal leave of six weeks was not obligatory. In 1999, a statutory amendment which occurred outside the reference period nevertheless redressed the situation.

As the Committee noted in its previous conclusion (Conclusions XIII-5, p. 195) concerning Portugal, employed women irrespective of nationality who come under the general social security scheme qualify for maternity benefit. Its award is subject to completion of a six-month contributory period or the equivalent thereof (i.e. incapacity for work which entitles a claimant to sickness benefit; temporary incapacity due to an industrial accident or occupational disease entitling the claimant to compensation; periods of unemployment for which unemployment benefit is payable).

The benefit amounts to 100% of the insured person's earnings during the six months preceding the second month before the one qualifying her for benefit. The reports states that no ceiling applies to this reference remuneration.

The current report indicates that where the reference remuneration is below 50% of the minimum wage, because of part-time working for instance, the maternity benefit paid is equivalent to 50% of the minimum wage.

Pending the requested information, the Committee concludes that the situation in Portugal is in conformity with Article 8 para. 1 of the Charter in this respect.

The Committee notes from the report submitted by Portugal that there have been no changes to the situation which it has previously considered to be in conformity with the Charter.

As the report contains no new information, the Committee concludes that the situation in Portugal is in conformity with Article 8 para. 2 of the Charter.

It requests that the next report continues to provide information on the situation in practice.

The Portuguese report states that Law No. 142/99, which came into force outside the reference period, has amended Section 12 of Law No. 4/84.
The amendments are as follows:

- women are entitled to work breaks for breastfeeding (two separate periods of up to one hour) for as long as breastfeeding continues (entitlement was previously limited to one year);

- in the case of non-breastfed babies, the mother and father can decide that one or the other will take work breaks for feeding until the child is one year old;

- entitlement to work breaks for feeding has been extended to part-time workers in proportion to the hours they work.

In the light of this information, and the fact that the entitlement entails no loss of earnings, the Committee concludes that the situation in Portugal is in conformity with Article 8 para. 3 of the Charter.

Paragraph 4 - Regulation of night work and prohibition of dangerous, unhealthy or arduous types of work for women workers

1. Regulation of night work for women in industrial employment (Article 8 para. 4a)

The report of Portugal states that Act No. 73/98 of 10 November 1998 incorporated Community Directive 93/104 of 23 November 1993, concerning certain aspects of the organisation of working time, into the country's domestic law.

Night work is defined as work done for a minimum period of seven hours or a maximum of eleven hours including the midnight to 5 a.m. time slot. Collective agreements fix night-time working hours in conformity with these rules. Where no such collective agreements exist, night work is considered to cover the period between 8 p.m. and 7 a.m.

The average weekly duration of night work should not exceed the equivalent of eight hours per day, and workers doing jobs that involve special risks or substantial physical or mental effort should not do more than eight hours' night work in any 24-hour period.

The employer is under obligation to make sure that employees on night work undergo regular medical check-ups to monitor their state of health. The employer must also, where possible, ensure that workers who have health problems as a result of night work are transferred to daytime work (Article 8 paras. 1 and 2 of Act No. 73/98).

"The conditions and guarantees governing the employment on night work of workers whose health or safety may be put at risk as a result shall be fixed by government order" (Section 9 of Act No. 73/98).
The previous report stated that, pursuant to Act No. 17/95 of 9 June 1995 on the protection of motherhood, pregnant women and women who have recently given birth or are breastfeeding are dispensed from night work for 112 days before and after birth. At least half of that period must be taken prior to the presumed birth date, and during the remainder of the pregnancy upon presentation of a medical certificate proving that dispensation is necessary to the worker's health or that of the unborn child.

The Committee points out that Article 8 para. 4a of the Charter does not require states to prohibit the employment of women on night work, but to regulate it. The regulations may be general and concern workers of both sexes, but they must strictly regulate the possibilities of night work, which must be authorised only because of particular production constraints and taking into account the specific workplace and work organisation conditions. They must also determine the conditions under which women may work at night, such as obtaining the authorisa-tion of the Labour Inspectorate, fixing working hours, breaks and days off following periods of night work, entitlement to be transferred to a daytime job in the event of health problems linked to night work, etc. The Committee also recalls that the regulations must make allowance for pregnant women and women who have recently given birth or are breastfeeding.

In the case of Portugal, the Committee observes that the regulations make satisfactory allowance for pregnant women and women who have recently given birth or are breastfeeding. It also notes that night work by men and women is regulated insofar as working hours are fixed and provision is made for regular medical check-ups and for transfer to day work where night work gives rise to health problems. However, the information supplied does not say in what circum-stances night work is authorised, whether Labour Inspectorate authorisation is required, for example, or whether provision is made for days off following periods of night work.

Pending receipt of the information it has requested, the Committee defers its conclusion. It also requests whether the draft Bill following the ratification in 1994 by Portugal of the International Labour Office Convention No. 171 of the regarding night work has been adopted.

2. Prohibition of the employment of women in dangerous, unhealthy or arduous types of work (Article 8 para. 4b)

The Committee points out that Article 8 para. 4b contains a dual restriction:
- it prohibits the employment of women workers in underground mining, a restriction strictly limited to actual extraction work and

- it prohibits the employment of women, "as appropriate, on all other work which is unsuitable for them by reason of its dangerous, unhealthy or arduous nature", the expression "as appropriate" being understood to allow for the restriction to be limited solely to those cases where it is necessary, in particular to protect pregnant women and women who have recently given birth or are breastfeeding.
Concerning the former restriction, the Committee recalls that, in keeping with this provision of the Charter, Portuguese law prohibits the employment of women in any work in underground mines (Act No. 27891 of 27 July 1937 and Order No. 186 of 13 March 1973). The report states in this respect that Act No. 118/99 of 11 August 1999 provides for non-compliance to be punished by a fine, the size of which has increased and now ranges from 80,000 escudos (PTE) to 1,450,000 PTE. The report adds that during the reference period concerned (1997-1998) the Labour Inspectorate reported no violations of this rule.

Concerning the other restriction, the report supplements the information supplied in previous reports, stating that Order No. 229/96 of 26 June 1996, implementing Community Directive 92/85, also covers Appendices I and II of the Directive, which contain the non-exhaustive list of substances and working procedures and conditions prohibited to pregnant women and women who have recently given birth or are breastfeeding. They include such hazards as ionising radiation, mercury and lead and their derivatives which are likely to be absorbed by the human body.

The Committee requests that the next report state whether the Labour Inspectorate has identified any violations in this area. It points out that the penalties incurred are the same as for violations of the law prohibiting work in underground mining to women.

Pending this information, the Committee concludes that the situation in Portugal is in conformity with Article 8 para. 4b.

The Committee takes note of the information in the Portuguese report on the Charter, the 1997 report to the World Health Organisation and the Ministry of Health Internet site.

The Committee observes from the OECD statistics that life expectancy at birth for women has risen from 78 years in 1992 to 78.8 in 1997 and for men from 70.7 in 1992 to 71.6 in 1997. However, Eurostat statistics show that women's life expectancy remains below the average for the countries of the European Union and the European Economic Area (the European average was 80.6 in 1996) and that men's life expectancy is by far the lowest of these countries.

According to the report, the main causes of death are circulatory diseases (40% of deaths in 1998, 20% attributable to cerebro-vascular conditions), followed by cancers (21%).

The Committee observes from the 1995 Eurostat data that deaths from cerebro-vascular diseases were the highest among the European Union countries and 2.5 times higher than the average (167 deaths per 100,000 women, compared with an average of 67.9, and 212.8 per 100,000 men, compared with 84).

The same applies to the number of deaths from sugar diabetes (mellitus), which have more than doubled since 1975 and are nearly twice the European average. The report states that reducing diabetis mellitus is now a public health priority and that significant steps have been taken to improve the care of diabetics and improve the training of those looking after them.

The Committee finds that, in contrast to the general trend in Europe, the number of diagnosed AIDS cases and the number of deaths from AIDS continued to rise during the reference period, before finally falling. The report notes that under an order of 1996, antiretroviral treatments are provided free of charge and without restrictions. The Committee hopes that these measures will have significant effects in the coming years and defers reaching a conclusion to the next examination of Article 11.

According to the Eurostat statistics, the infant mortality rate in Portugal fell steeply during the reference period, from 9.3 per 1,000 live births in 1992 to 6.0 in 1998. The rate varies widely from region to region, with the highest rates recorded in the Alentejo region. Nevertheless, the Committee notes that the rate remains higher than the average for the countries of the European Union and the European Economic Area (5.3 in 1997). Infant mortality is an avoidable risk, which countries must bring under control to comply with Article 11 of the Charter. It advises the Portuguese authorities that trends in the infant mortality rate will be critical for assessing the situation and strongly encourages them to pursue their efforts to secure an outcome as close as possible to zero.

The Committee notes that the rate of maternal mortality continues to decline (6.3 per 100,000 live births over the 1995-97 period, compared with an average rate of 8.3 for 1992-94), and that Portugal is now at the European average.

Since 1979, there has been a national network of hospitals and health centres, the SNS, financed from taxes. In principle, it offers universal coverage. Civil servants and their dependents (about 13% of the population) are covered by their own health scheme, which is based on reimbursement and financed by the government, together with an employees' contribution (2.5% of salary). The banking and insurance sectors and a few public enterprises are also covered by specific contributory schemes. The SNS forms part of the Ministry of Health and for organisational, operational and management purposes is divided into regional and sub-regional authorities, which reflect the country's administrative divisions.

According to the aforementioned OECD statistics, total health spending repre-sented 7.9% of GDP in 1997, compared with 7.2% in 1992. The proportion of total health spending attributable to the public sector, 60% in 1997, is by far the lowest of the OECD's European member countries.

Patients can choose their doctor from among the salaried health centre general practitioners in their local area. They must be registered on a particular doctor's list, which must include 1,500 patients. The Committee would like to know whether this list system guarantees universal access to a general practitioner.

The first report said that medical care was in theory free, but that this freedom from payment was relative since flat-rate charges were levied when patients used supplementary out-patient diagnostic and treatment facilities or medical care in hospital emergency units or health centres. Various groups of the population, such as children under 12, pregnant women and pensioners whose income is below the national minimum wage, are exempted from these payments.

There is no charge for persons admitted to the shared rooms (or individual rooms, if the doctor so recommends) of public hospitals, and other Ministry of Health approved establishments if there is a waiting list. However, patients who opt for an individual room or for a private hospital or clinic must bear the full cost.

Depending on the type of illness, the SNS meets 100, 70 or 40% of the cost of medicines on the official health service list. The lower percentages are increased by 15% for pensioners whose income is below the national minimum wage. According to the OECD statistics, the average rate of reimbursement of pharma-ceutical products was 65% in 1997.

With reference to Recommendation No. R (99) 21 of the Committee of Ministers of the Council of Europe on criteria for the management of waiting lists and waiting times in health care, the Committee would like information on the reasons for waiting lists for admission to public hospitals in Portugal and on how these lists are managed (admission criteria and follow-up).

Having noted in the aforementioned WHO report that private insurance systems are playing an increasingly important role, the Committee would welcome the Portu-guese government's comments on the reasons for this trend and, if relevant, measures taken to ensure access to supplementary insurance.

The Committee observes from the OECD statistics that the total number of hospital beds continues to decline (40,700 in 1997) and that at 4.1, the bed ratio per 1,000 inhabitants is one of the lowest among the OECD's European countries. Acute hospital beds represent 82% of the total, and those allocated to hospital psychiatric care 17.5%. The private hospital sector has increased, representing around 22% of all hospital beds.

In 1997, the density of general practitioners and specialists per 1,000 inhabitants were 0.6 and 2.1 respectively. The density of dentists (0.3 per 1,000 inhabitants) is one of the two lowest among the OECD's European countries. The density of pharmacists (0.7 per 1,000 inhabitants) is in line with the European average.

In its previous conclusions, the Committee referred to significant regional variations in the provision of doctors and hospital beds. According to the OECD, these variations are matched by regional variations in the state of health. During the XIII-5 supervision cycle, the government indicated that resolving these problems was a priority, that it had been decided to increase substantially state spending on health and that negotiations were under way with the various participants in the health sector to determine how the system's capacity to respond to needs could be increased. However, the Committee has not found anything in the report to suggest that a better geographical allocation of health facilities is one of the Portuguese government's priorities or that a general strategy to rectify the situation has been drawn up. It also notes that the public sector's share of total health spending has fallen since the last reference period (see above). The Committee stresses that this situation could cast doubts on the country's compliance with Article 11 para. 1 of the Charter and asks the government for its comments on this matter.

The Committee finds that certain indicators reveal negative developments in the health care system. However, it decides to defer its conclusion pending the information requested.

The Committee has noted in previous reports that health education in schools may be included in the normal curriculum or form part of special health education projects, particularly ones aimed at drawing young persons' attention to the problems of drugs, alcohol and tobacco. School health teams (see below) take part in these activities and training programmes are organised for teachers. Since 1994, there has been a joint project with the Ministry of Education called the School Health Promotion Network.

According to the current report, during the reference period Resolution 15/98 of the Portuguese Assembly recommended that the government make sex education compulsory, that road safety education be incorporated into the curriculum and that an oral health promotion campaign be conducted among children and young persons.

The Committee considers that this information is too limited for it to assess the situation. It would therefore like the next report to include information on how, in practical terms, health education is taught in schools, whether it forms part of the curriculum throughout school life and how much is spent on it.

The reports so far submitted show that campaigns to inform and educate either the public in general or specific target groups are conducted on the major problems of public health. In particular, the Committee takes note of the efforts to prevent drug abuse and smoking and to promote healthy life styles. It also notes that a sustained effort to prevent AIDS has continued with the inauguration in 1998 of a programme organised by the national anti-AIDS commission to increase people's knowledge of the disease and their sense of personal responsibility for preventing it.

According to the report, there were also campaigns during the reference period to educate the public about how to prevent diabetis mellitus, particularly through the publication of a diabetics' guide, and to improve road safety, with a significant contribution from the entire media, on the theme "priority for life". The Portuguese government has also decided to revive the campaign on the threat to health posed by alcohol, which has been somewhat superseded in recent years by the fight against drugs. A charter on citizens' rights and duties concerning health has also been published to make individuals more aware of their responsibilities in this area.

Medical treatment for children under 12 years of age is free.
Child and adolescent health clinics are held in health centres: nine sessions during the first year of life, three in the second, two between the ages of 2 and 6, two between 7 and 13, one around 14 or 15 and one around 17 or 18. The Committee wishes to know whether these clinics are also held in health centre outposts.

The health centres are responsible for carrying out school health activities. These take place throughout school life, at nursery level, during the three stages of basic education (6-14) and at upper secondary level (15-18). Medical examinations are carried out by school health teams, each made up of a doctor, a nurse, a psycholo-gist and a medical auxiliary. As a minimum, the medical examinations include eyesight, hearing, dental hygiene, posture and psychomotor development tests. The report sets out the proportion of pupils examined in the 1996-97 school year: 38% in pre-school education, 53% at first stage (6-10) and 23% at second stage (10-12), that is 29% of the school population. The Committee considers that this proportion is low and notes that the proportion of children examined since the early 1990s has substantially declined. It would like an explanation for this trend and information on the total staffing of school health teams.

The Committee notes the following changes during the reference period: estab-lishment of an anonymous AIDS screening centre, and the extension to the whole country of the 1989 campaign conducted by the Portuguese League against Cancer (LPCC), which used buses equipped with screening equipment to identify breast cancer. The Committee would like to know what other forms of screening have been carried out.

Subject to the information requested, the Committee concludes that the situation in Portugal is in conformity with Article 11 para. 2 of the Charter.

The Committee takes note of the changes in Portugal concerning the prevention of health risks in general and of specific diseases.

The Committee would like the next reports to indicate, as far as possible, the proportion of public authorities' budgets devoted to the main prevention policies listed below.

Air pollution - In connection with local pollution, the Committee noted in the first report that legislative-Decree No. 352/90 established arrangements for protecting and monitoring the quality of the air, that air quality management is the responsibil-ity of the quality of the environment directorate general, and that Ministerial Order No. 286/93 establishes threshold and guideline values and measurement methods for several of the main pollutants that harm air quality (sulphur dioxide, nitrogen dioxide, suspended fine particles and lead). The Committee would like to know what steps have been taken concerning ozone, carbon monoxide and benzene, and also what air quality surveillance and reporting machinery has been set up.

Turning to global pollution, the Committee notes that Portugal signed the United Nations Framework Convention on Climate Change (Rio de Janeiro, 1992) in 1993. Portugal has undertaken, inter alia, not to increase emissions of the main green-house gases by more than 27% for the period 2008-2012, in order to achieve the objectives set for the European Union at the 1997 Kyoto conference. It has also set itself the objective of a 40% reduction in carbonic gas emissions by 2010, taking 1990 as the baseline.

The Committee observes from OECD data and from the second report on the application of the Rio Convention that between 1990 and 1996, the result of Portugal's efforts to control man-made emissions of traditional pollutants, and greenhouse gases in particular, was either an increase or, at best, a very limited reduction in such emissions. The aforementioned report also considers that considerable progress is needed in terms of measuring and cataloguing emissions and defining objectives, but that the creation of a national climate commission could improve the situation, at least as far as greenhouse gases are concerned. The Committee will therefore keep a close watch on how the situation develops.

Asbestos - With reference to the general question concerning the measures taken to protect the health of persons exposed to asbestos (Conclusions XIII-4 p. 116), the current report states that legislative-decree no 228/94 limits the commercialisa-tion and use of asbestos and products containing it and that industries have special responsibilities concerning the disposal in the air or water of waste and residues containing asbestos. The Committee does not consider this information sufficient to assess compliance with Article 11.3 (outside the work setting). It needs to know the scope of the restrictions on the commercialisation and use of asbestos, and stresses that compliance with Article 11 entails prohibition of or adequate restric-tions on the use, production and sale of asbestos and products containing it. Measures must also be taken to monitor the presence of asbestos in buildings, particularly those used as dwellings. The Committee asks for this information to be included in the next report.

Ionising radiation - according to the first report, Portugal does not have any nuclear power stations and since 1981 cross-border radioactive pollution has been kept under surveillance as part of the Portuguese-Spanish agreement on the safety of frontier nuclear plants. The other radiation exposure risks are covered by the following regulations: legislative-Decree No. 348/89, as applied by legislative-decree no 9/90, takes account of Euratom directives 836/80, 466/84 and 467/84; regulatory-Decree No. 3/92 increases protection against radiation used for the purposes of medical diagnosis, treatment or research, in toys and in foodstuffs. Legislative-Decree No. 36/95 of 14 February 1995 establishes the public's right to be informed about health protection measures in the event of radioactive risk. A national radiation protection commission has been established. The Committee would like to know whether Portuguese regulations have been amended to take account of the recommendations of the International Commission on Radiological Protection (ICRP) and the standards set in Community Directive 96/29/Euratom laying down basic safety standards for the health protection of the general public and workers against the dangers of ionising radiation.

Noise - the first report stated that statutory standards in the field of noise preven-tion and abatement were set out in legislative-Decree No. 252/87, as amended in 1989. This laid down sound-proofing standards for new buildings, compulsory certification of equipment used in industrial plant and commercial premises, maximum sound levels for places of entertainment and standards for noise caused by road and rail traffic. The Committee would like this information to be updated if necessary and asks whether monitoring and sound measuring equipment is currently available.

According to the first report, in conjunction with the World Health Organisation (WHO) and the United Nations Development Programme (UNDP), the Ministry of Health had set up a project on housing hygiene aimed at identifying the most serious problems in this field and drawing up further regulations. The Committee would like to be informed of the outcome of this initiative, and in particular of the methods used to inspect and monitor housing hygiene.

In view of the threat to health represented by diseases related to food and the recent outbreaks of such diseases in particular the new variation of the Creutzfeldt-Jakob disease, as well as the emergence of new food products derived from biotechnology, the Committee has decided to look at food safety measures in all states parties to the Charter. It recalls that under Article 11 states have a responsi-bility to ensure a high degree of safety in this area for their populations.
Referring in particular to the resolution adopted by the 53rd World Health Assembly in May 2000 on food safety and while recognising the relevance of international strategies, the Committee considers that in order to comply with the Charter in this field, states must set legal norms at the national level regarding food hygiene taking into account scientific data, and establish and maintain mechanisms for monitoring compliance with these norms throughout the food chain, develop, implement and up-date systematic prevention measures, notably by way of labelling, as well as monitor the occurrence of food-borne diseases.

The Committee has taken note in the first report of the bodies responsible for inspecting food products (the inspectorate general of economic activities and the institute for the protection of food production, in conjunction with the food quality laboratory, and the health authorities, in conjunction with the national institute of health). It would like the next report to include information on the other aspects referred to above so that it can assess the situation when it next examines Article 11.

Smoking - The Committee stresses the importance of measures against smoking in meeting the requirements of Article 11 of the Charter. It recalls that smoking, a major cause of avoidable death in developed countries (in Europe 30% of deaths from cancer are attributable to smoking), is associated with a wide range of diseases (cardiac and circulatory diseases, cancers, pulmonary diseases etc.). Smoking kills one adult in ten throughout the world. The World Health Organisation (WHO) forecasts an increase of up to one in every six deaths by 2030, which is more than the figure for any other cause of death. The Committee also notes that WHO is drawing up a convention on measures to combat smoking and points out that WHO, as part of the Health for All campaign, has set a target for European countries of raising the proportion of non-smokers in the population to at least 80% and protecting non-smokers against involuntary exposure to tobacco smoke.

The relevant Portuguese legislation bans smoking in certain public places (Act No. 28/88), controls smoking on public transport, establishes maximum nicotine and tar levels in cigarettes and makes all tobacco products carry a notice on the risk of smoking to health, and prohibits tobacco advertising on national commercial television channels and ones with their headquarters in Portugal, other than in motor and motorcycle events in European and world championships. The govern-ment also increases duties on tobacco products every year. The Committee notes that the government's 1998-2002 action plan to prevent smoking has the objective of increasing the number of 10 to 24 year old non-smokers by 10%. It considers this to be a very positive initiative but asks whether it can be achieved in the absence of a ban on young people smoking and on the sale of tobacco products to young persons. It would like to be informed of the government's intentions in this regard. The next report should also indicate how it is intended to ensure compli-ance with the legislation.

The Committee finds that the results of the anti-smoking campaign are not totally convincing since the number of cigarettes consumed per person per year has increased since 1988 and is higher than the average for the European Union and European Economic Area countries (1,681, compared with a European average of 1,646 in 1997) .

Alcohol - According to the previous report, legislation was intended to reduce the incidence of drink-driving, the sale of alcoholic drinks to young persons aged under 16 and alcohol advertising. The Committee considers that this information is not sufficiently detailed. It would therefore like further clarification in the next report.

It emerges from the Eurostat statistics that consumption of pure alcohol in Portugal has risen continuously since 1988, particularly among the young and women, and is one of the highest in the European Union and European Economic Area countries (11.2 litres per person aged over 15 per year, compared with a European average of 9.4 in 1997). The Committee would welcome the government's comments on this subject.

The policy of controlling the supply of alcohol is clearly insufficient to reduce the level of alcohol consumption and thus the scale of the problems linked to alcohol, in accordance with Article 11 of the Charter. The Committee therefore urges the Portuguese authorities to strengthen the policy, and if necessary the legislation, and will reach a conclusion at its next examination of Article 11.

Drugs - The Committee notes that significant efforts continued to be made during the reference period and that outside the reference period a national anti-drugs policy has been drawn up and a Portuguese drugs and addiction institute estab-lished. More information will be supplied in the next report.

The reports so far received show that Portugal has a monitoring and surveillance system for numerous communicable diseases and that where there is a risk of epidemic special measures and surveys may be introduced.

The Committee notes in the current report that co-ordination machinery was established in 1999, with the establishment of a national commission for co-ordinating epidemiological surveillance and approving epidemiological surveillance priorities. Portugal also takes part in the European Network for Epidemiological Surveillance and control of communicable diseases and has its own "appropriate early warning and response system".

Vaccinations under the national vaccination programme are compulsory and free. These cover diphtheria, tetanus, whooping cough, poliomyelitis, tuberculosis, mumps, measles and rubella. The Committee notes the vaccine take-up rates for 1997 as shown in the report: 97.4% for diphtheria, tetanus and poliomyelitis, 96% for mumps, measles and rubella and 86% for tuberculosis. It also emerges from the WHO "Portugal Immunisation Profile" that there is 95% vaccine cover against Hib meningitis and 64% against hepatitis B.

Pending receipt of the information requested, particularly regarding anti-smoking and alcohol misuse policies, the Committee concludes that the situation in Portugal is in conformity with Article 11 para. 3 of the Charter.

The report states that Order No. 407/98 issued jointly by the Ministry of Health and the Ministry of Labour and Solidarity sets out new guidelines for integrated and targeted social services and health care for persons in a state of dependency. The aim of the guidelines is to implement a comprehensive model of provision of health care and social services which will involve all the different actors in the field and utilise more fully the existing resources while respecting the institutional competen-cies at regional and local level. The target group consists of persons in a state of physical, mental or social dependency and the services provided fall in three categories : social support (appui social), continuing health care (soins de santè continus) and integrated services (réponses intégrées).

The Committee notes the statistical information on the number of social services institutions (creches, kindergartens, daycare centres, residential homes, home help facilities, etc.), beneficiaries and staff. It observes that overall the figures increased slightly in the period covered (from 1996 to 1997).

The Committee further notes that Legislative Decree No. 133-A/97 establishes a new legal framework for the provision of private non-profit social services. It asks that the next report contain more information on the types of social services provided by private institutions and on their importance in quantitative terms.

As regards geographical distribution of social services, the Committee notes the figures on social services institutions broken down by region, but it nevertheless asks whether in the Government's view these figures demonstrate that all social services are uniformly accessible throughout the territory of Portugal.

The Committee also asks whether there exists any length of residence requirement for nationals of other Contracting Parties asking for social services.

In reply to the Committee's question on supervision of the quality of social services, the report states that pursuant to Legislative Decree No. 115/98 it is incumbent on the General Inspectorate of the Ministry of Labour and Solidarity (IGMTS) to ensure inspection and auditing of institutions providing social services, both public and private. In fulfilling this task IGTMS focuses inter alia on operational aspects of the facilities (capacity, installations, hygiene), on the service delivery, including the participation of the users, on the personnel (quantity and quality of human resources) and on problems and malfunctions indicated by users and/or personnel. Where necessary, IGTMS will propose measures to improve the situation. In 1997 and 1998 IGTMS carried out 148 and 140 inspections respectively which were followed up by 123 and 118 audits, respectively. The majority of the inspections carried out in 1997 related to old age homes. In 1998 a nation-wide audit of children's homes was carried out totalling 251 inspection visits.
The Committee asks that the next report provide details of measures taken in pursuance of IGTMS' supervisory activities, such as recommendations, fines, and closing of facilities, if applicable.

According to the report expenditure by Social Security on social services increased steadily during the reference period, approximately from 96 million escudos (PTE) in 1996 to 120 million PTE in 1998, an increase of about 24%. It asks to continue receiving information on total expenditure as well as a break down according to categories of services. It notes in this respect the figures on the financial contribu-tions of Social Security per beneficiary and per month for the different types of services.

Pending receipt of the information requested, the Committee concludes that the situation in Portugal is in conformity with Article 14 para. 1 of the Charter.

The Committee notes from the Portuguese report that a new legal framework for voluntary work was established during the reference period in the form of Act No. 71/98. Outside the reference period Legislative Decree No. 389/99 containing implementing measures in application of the act was adopted. According to the report the act is based on the general principle that the state recognises the social importance of voluntary work as an expression of the free exercise of an active and socially concerned citizenship.

The Committee takes note of the definitions of voluntary work and voluntary organisations contained in Act No. 71/98 and of the governing principles for voluntary work: solidarity, participation, co-operation, complementarity, gratuity, responsibility and convergence. It wishes to be informed of the results of the implementation of the new legislation.

The report states that the number of private non-profit organisations providing social services increased during the reference period, from 2,562 in 1996 to 2,874 in 1998.

The Committee asks that the next report contain examples with details of the social services provided by private or voluntary organisations. It also requests information on how individuals, including the beneficiaries of social services, may participate in the establishment and maintenance of social services. Finally, it asks to receive information on total expenditure allocated on an annual basis to private and voluntary social services in Portugal.

Pending receipt of the information requested, the Committee concludes that the situation in Portugal is in conformity with Article 14 para. 2 of the Charter.

Article 17 - The right of mothers and children to social and economic protection

New legislation on adoption took effect during the reference period. The legislation, inter alia, sought to make the adoption process easier.

Children may only be separated from their parents where their parents fail to perform their fundamental duties towards them and then only by judicial decision. Even where children have been separated from their parents, the parents can still retain some parental authority.

Children deprived of their family (due to ill-treatment, etc.) may be placed firstly, in emergency units, which care for children in a crisis situation for up to 48 hours. There are 11 such units with 59 places in Portugal.

Temporary reception centres also exist for children who are unable to remain within their family. Children may only remain in these centres for six months and then must either return to their families, be placed with a foster family (or be placed for adoption) or be placed in an institution. These centres may only accommodate a maximum of 12 children at a time. There are 42 temporary reception centres with 592 places in Portugal. In 1998 these centres cared for 839 children.
Children who cannot be returned to their family are placed wherever possible with a foster family. In 1997 there were 3,399 foster families fostering 4,887 children. If no foster family can be found, a child will be placed in an institution as a last resort.

According to the report there were approximately 13,500 children living in institu-tions in 1998. A study on this group of children, was carried out and showed, inter alia that this group of children were not receiving an adequate level of vocational training. Measures have subsequently been taken to remedy this. The Committee wishes to be informed of any other conclusions of the study on children in institutions, as well as information on the types of institutions that exist.
The Committee wishes to be informed as to whether the number of children in institutions mentioned above includes the children in institutions such as Casa Pia and the children in institutions in Lisbon.
The Committee wishes to be informed on how many children are removed from their families, how many placed with a foster family and how many placed in an institution for every year of the reference period. It also wishes to know the total number of children living in institutions (orphans, homeless children etc.).

It further wishes to be informed as to whether there is any body charged with monitoring care in institutions and whether there is any specific procedure for complaining about the care and treatment in them and about the conditions under which an institution may interfere with a child's property, mail, personal integrity and the right to meet with persons close to him or her.

During the reference period a programme on the protection of children at risk was established. The Committee wishes to be informed of all developments arising from this programme.

The Committee recalls that an emergency help line exists for children ("SOS for abused children") subject to ill-treatment or sexual abuse. This help line is operational throughout Portugal.

The Committee notes the statistics supplied on the ill-treatment and sexual abuse of children. It notes that the number of cases of sexual abuse reported by hospitals increased again during the reference period as did the number of cases leading to interventions recorded by the emergency help line for children.

The Committee wishes to receive information on the different bodies, public and private responsible for protecting children from ill-treatment and sexual abuse, and how these services are coordinated.
The Committee wishes to know whether legislation prohibits all forms of corporal punishment of children, in schools, in institutions, in the home and elsewhere.
Children and the law - Young Offenders

Children under 16 years of age are not considered to be criminally liable for any crimes they may commit. Article 19 of the Penal Code provides that children under 16 years of age may not be imprisoned. If a child under 16 years of age commits an offence the child is subject to the provisions of the Act on the Organisation of Care for Minors (OTM). This provides for the application of supervisory measures of protection, assistance and education not only to children who have committed a criminal offence, but also to children who are begging, involved in prostitution, drug or alcohol abuse, etc. Children in this age group who commit a criminal offence, may be questioned by a judge, if over 12 years of age, they may be brought before the youth courts (or in rural areas before the district courts), if under 12 years they usually go before protection boards, to decide what measures should be taken. Measures which may be imposed on minors under 16 years of age include non-custodial supervision ("educational placement"), placement in an apprentice or work scheme, placement in an appropriate family or in a public or private educa-tional institution, admonishment, entrustment to parents or as a measure of last resort placement in a youth care centre.

The Committee wishes to receive information on the number of children under 16 years placed in a youth centre, as well as on the total number of children subject to the OTM as a result of committing a criminal offence.

Young people over the age of 16 years are tried by the courts of general jurisdic-tion, and the provisions of the Code of Penal Procedure apply to them. There are no special provisions governing the conditions under which they can be arrested by the police or placed in pre-trial detention. The Committee wishes to know how many persons aged between 16 and 18 years of age are placed in pre-trial detention, and what is the maximum period.

Offenders under 21 years of age may have their sentence reduced on account of their age. The Committee wishes to know how many persons between 16 and 18 years are sentenced to a term of imprisonment and what is the maximum length of such sentences. It also wishes to receive information on alternative punishments which may be available for this group. Finally the Committee wishes to receive confirmation that young offenders are not held in prisons with adult prisoners.

The Committee concludes that the situation in Portugal is in conformity with Article 17 of the Charter.

Article 18 - The right to engage in a gainful occupation in the territory of other Contracting Parties

Paragraph 1 - Applying existing regulations in a spirit of liberality

The Committee notes that 175,288 foreigners were lawfully resident in Portugal in 1997 (88,000 of them being members of the workforce), comprising some 1.8% of the total population of 10 million. European Union nationals represent one third of the foreign population .

Portugal is traditionally a country of emigration, but the Committee observes that migratory movements have been reversed, and that Portugal has been a country of immigration since 1993 with a regularly increasing number of entries.

There are several documents that authorise their holders to engage in a paid occupation in Portugal:
- if a foreign national wishes to engage in a temporary paid occupation, he or she has to obtain a "work visa" (according to the Portuguese terminology), of which there are various kinds. Work visa I covers sport, visa II relates to the performing arts, visa III is for the provision of services and visa IV for paid employment. They are all initially valid for two years, and are renewable for further two-year periods. Holders also need residence visas;

- if a foreign national wishes to engage in a permanent paid occupation, he or she must obtain a residence permit, either temporary (valid for two years, and renewable) or permanent (of unlimited validity, requiring renewal every five years).

The report includes information about the number of applications for registration of employment contracts (see conclusion under Article 18 para. 2) during the reference period, it being understood that nationals of the European Union or of the European Economic Area do not need to go through this formality.

The Committee notes that there are very small numbers of applications from nationals of the Contracting Parties subject to these formalities (namely those of Poland, Turkey and Slovakia; no applications were recorded from nationals of Malta or Cyprus). The 1998 total was seven employment contracts registered. It nonetheless regrets that the report does not state how many applications were made by nationals of the countries concerned.

The Committee notes the total number (no distinction being made on the basis of nationality) of contracts in respect of which applications were made for registration and refused on grounds either of failure to comply with the formalities (see conclusion under Article 18 para. 2) or of an unfavourable opinion from the Institute for the development and inspection of working conditions (IDICT) (see conclusion under Article 18 para. 3). It observes that the rate of refusal of applications for work visas (from all nationalities without distinction) rose during the reference period, from the 1996 figure of 24% to 31% in 1998. The Committee is aware, however, that these figures predate the abolition of the quota of 10% of foreigners for enterprises which have more than five employees.

The Committee concludes that the situation in Portugal is in conformity with Article 18 para. 1 of the Charter.

Paragraph 2 - Simplifying existing formalities and reducing dues and taxes
Administrative formalities

The Committee refers to its previous conclusion (Conclusions XIII-5, p. 243) as regards the administrative formalities required in order to obtain the various work documents.

It also points out that, in its last report on this provision, the Portuguese Govern-ment stated that the formalities required to obtain authorisation to engage in a self-employed occupation were the same as for nationals: foreign nationals were required to appear in the trade register, make a declaration of occupation and prove that they held the necessary qualifications for the exercise of the occupation concerned.

The Committee notes that, during the reference period, a certain amount of liberalisation occurred. Under Act No. 20/98 on Employment of Foreign Workers, for instance, employers are no longer required to register employment contracts (registration was subject to payment of a fee), but may simply deposit contracts, at no charge, with the Institute for the development and inspection of working conditions (IDICT). The Committee also notes that, where nationals of Contracting Parties to the Charter are concerned, straightforward notification to the IDICT in writing of the signing of an employment contract is sufficient, according to the report.

The report states that applications for renewal of a temporary residence permit have to be submitted to the Foreign and Frontiers Service by a deadline 30 days before expiry of its validity. During the renewal procedure, the aforementioned service checks whether the conditions for issue are still being complied with (these are that the applicant must have means of subsistence, have proper accommoda-tion arrangements and comply with Portuguese law). The Committee deduces that renewal of such a document is not a matter of simplified formalities in comparison with the first application for a temporary residence permit. It also notes that the renewal of residence permits (temporary or permanent in comparison with the first application) is subject to payment of a fee of 1,000 escudos (PTE).

The Committee wishes the next report to specify whether work and residence visa applications come under one and the same procedure.

The Committee wishes the next report to indicate the average time taken between submission of an application for a work permit and the issuing of that permit. It also wishes to obtain the same information about permits issued for self-employment.

The information given in the report on this subject is not very clear. The Committee asks the Portuguese Government to explain in which cases the sum of 1,000 PTE payable for the issue of a work and residence visa is applied, as the report states elsewhere that work and residence visas are issued subject to separate fees of, respectively, 13,000 PTE and 16,000 PTE in 1998 (as compared to the 1994-95 figures of 10,000 and 12,000 to 15,000 PTE respectively). The Committee notes that the sum to be paid for a permanent residence permit is high (40,000 PTE). The Committee wishes to know how payment of such a sum is justified.

Pending receipt of the information requested, especially concerning chancery dues, the Committee defers its conclusion.

The Committee notes the repeal of the legislation (Legislative Decree No. 97/77, of 17 March 1977) which laid down that the number of foreign nationals employed in enterprises with five or more staff could not exceed 10% of the workforce: since May 1998, under the new Employment of Foreign Workers Act (Act No. 20/98), foreigners lawfully resident in Portugal have been able to work in Portugal without being made subject to an employment quota.

A work visa for engaging in a paid occupation is issued only if a favourable opinion is given by the Institute for the development and inspection of working conditions (IDICT). The Committee notes in this context that this opinion is always negative if the application for a work visa relates to an employment sector affected by unemployment. The employment situation being a decisive criterion for obtaining a work visa, the Committee wishes to know how such a situation is taken into account and whether a foreign national given this as a reason for refusal has the right to appeal against the refusal of a work visa.

The Committee noted in Conclusions XIII-3, p. 395, that certain government service occupations were prohibited to foreign nationals in cases "where the exercise of authority predominates" (Opinion No. 22/30 of the Principal State Prosecutor). The Committee wishes the next report to specify the occupations concerned as well as the reasons which justify this prohibition.

The Committee noted in its previous conclusion that work visas were issued for the exercise of the intended paid occupation. It also noted then that anyone holding a residence permit could engage in waged or self-employed work, anywhere on national territory without any geographical restriction, and could change occupation or place of work. The Committee notes in this context that a residence permit may now be obtained after ten consecutive years of lawful residence in Portugal (compared to the previous requirement of twenty years). The Committee agrees that this is a positive development. It nonetheless takes the view that the require-ment for ten years of continuous residence is still an excessively strict one and could be reduced.

The Committee notes from another source that a person finding him or herself out of work is not necessarily denied renewal of his or her residence permit for that reason alone, provided that he or she does not constitute a financial burden on the community. Renewal is in practice dependent on fulfilment of the criteria relating to means of subsistence and accommodation arrangements. It seems to the Committee that these conditions would be difficult to meet in the absence of regular earnings paid under an employment contract. In order to enable it to assess the situation accurately, the next report confirms that foreign nationals have a right to unemployment benefits on the same footing as nationals. It asks if the exhaustion of this right may lead to the non-renewal of the residence permit.

Pending receipt of the requested information concerning the consequences of job loss on residence permits, the Committee concludes that the situation is in conformity with Article 18 para. 3 of the Charter.

As the situation remains unchanged, the Committee concludes that the situation in Portugal is in conformity with Article 18 para. 4.