On September 1st 2020, the Decree 76/2020 was published, approving the new Regulation on the Disasters Risk Reduction and Assessment Law.
This new regulation applies to public and private entities that may have responsibilities in the Risk Reduction and Assessment prior, during, or after a disaster. The above mentioned disasters are: floods, droughts, plagues, cyclones, wildfires, epidemics, pandemics, land erosions, hydrocarbons spills, earthquakes, volcanic eruptions, tsunamis, nuclear issues, human originated disasters, and other phenoms that require the Emergency Situation of level 1 statement. The aforesaid entities have a duty of cooperation and collaboration with the local authorities during a disaster situation, including the possibility of a requisition.
Before the disaster, there is the possibility of being applied the State of Alert, divided into 3 stages:
- Yellow stage, with the purpose of monitoring and sensitize;
- Orange stage, for planning and mobilize;
- Red Stage, for activation and deployment of units.
During this period, some benefits may be granted including tax and customs facilities.
When a disaster occurs, there are two kinds of possible legal answers:
- The Situation of Public Calamity;
- The Situation of Emergency.
In both situations, the Government can pursue measures like the rationalization of resources and civil mobilization. The possible final stage is the mitigation, adaptation and resilience phase. This stage is divided into three risk assessment degrees depending on the impact of the disaster in the affected region:
This moment encompasses the support of the local communities, as well as the monitoring of the impact and severity of the disaster.
Article by Duarte Marques da Cruz
Duarte Marques da Cruz is partner of the Portuguese law firm MC&A, specialized in international business advisory, with a special focus in Lusophone markets. With extensive experience in the Energy sector (Renewables and Oil & Gas) and in International Taxation, he has supported international companies in major upstream, midstream transactions and projects, including in implementing, exploration and development programs. Duarte has also supported international clients in other areas of practice, namely, Mining, Transport & Logistics, Regulatory Compliance and Mergers & Acquisitions in Mozambique, Angola and Portugal.