Portugal Market Access
| Import regulations and customs duties - Distribution - Transportation of goods - Standards - Patents and brands |
Import regulations and customs duties
Regulations
In accordance with its European Union membership, Portugal applies the
European Union (EU) rules that are in force in all European Union
countries. While the EU has a rather liberal foreign trade policy,
there is a certain number of restrictions, especially on farm
products, following the implementation of the CAP (Common Agricultural Policy): the
application of compensations on import and export of farm products,
aimed at favouring the development of agriculture within the EU,
implies a certain number of control and regulation systems for the
goods entering the EU territory.
Moreover, for sanitary reasons, regarding Genetically Modified Organisms (after being allowed in the European territory), their presence should be systematically specified on packaging. Beef cattle bred on hormones is also forbidden to import.
The BSE crisis (often called the "mad cow disease") urged the European Authorities to strengthen the phytosanitary measures to make sure of the quality of meats entering and circulating in the EU territory. The principle of precaution is now widespread: in case of doubt, the import is prohibited until proof is made of the non-harmfullness of products.
Distribution
The modern distribution market started in Lisbon in 1961 with the opening of the first supermarket. Since then, the market has grown considerably, thereby eliminating a number of local small stores.
The Business to Consumer (B to C) market
Portugal is a European country where the various forms of modern
distribution appeared very late. Until 1985, there were practically
no hypermarkets and supermarkets and the distribution market was
represented by a myriad of small retailers and traditional stores.
Today, things have changed: in 2004, hypermarkets represented 37%
of the total turnover of the distribution market, supermarkets
represented 28%, neighbourhood supermarkets represented 18.3% and
neighbourhood food stores represented 1.4%.
4 large groups share the market.
- the group Modelo-Continente part
of the Potugese Sonae group which is specialized in hypermarkets
and has now become the leader in the food distribution market in
Portugal.
- the group Jeronimo
Martins with a turnover of 3.4 billion euros in 2004 and is the
2nd largest distributor in Portugal with stores like Pingo Doce and Feira
Nova.
- the French group Auchan
present in Portugal since 1970 achieved a turnover of 1.04 billion
euros in 2003.
- the French group Carrefour
with a turnover of 470 million euros in 2004 operates 1 hypermarket
and 270 supermarkets.
These companies are part of the Portuguese Association of
Distribution Companies (APED)
.
The other major visible trend in the last few years has been the
development of large retailers such as the Belgian group Bricodis,
the Scandinavian group Habitat, and the French group FNAC which
have have established themselves in the country.
Thus in the coming years, such changes will inevitably result in
a continuing decline in the market-share of traditional retailers,
and an increase in the various forms of modern distribution such as
hypermarkets and supermarkets which will be increasingly expanding
their range of products and services in the non-food sector.
The Business to Business (B to B)
market
The regions of Lisbon and Porto constitute an important part of the economic activity of the country. Portugal is a country that is attracting more and more investors because of its economic vitality and the numerous advantages granted by the government to foreign operators. However, foreign direct investment in 2004 was worth only 1.1 billion dollars as against 6.55 billion dollars in 2003, which is a decline of 83%.
ICEP, the
Portuguese Agency for Development, is responsible for providing
information and services to foreign investors. Sectors such as
construction, the environment, medical equipment, information
technology; communications, fishing, and transportation are the
growth oriented sectors at the moment. One of the solutions often
advised as the first approach toward entering this market is to
appoint a local agent who can also respond to public tenders.
The franchise market is constantly developing in the country. There
were 370 franchise networks and more than 7,800 franchise outlets
in the country at the end of 2003. 49.5% of all franchises were
clothing stores (Zara, El Corte Ingles, Cortefiel, etc) and 40%
were service establishments. 41% of all franchises are of
Portuguese origin, 24% Spanish, 11% American , 8.3% French, and
4.3% are of Italian origin.
Transportation of
goods
By road
The road network extends over 9,678 km of main roads, 28,292 km of
secondary roads, 25,793 km of small regional roads, 587 km of
highways and 685 km of freeways. The road network is presently in a
poor state and requires considerable improvements especially in the
North and South of the country. Until now the Portuguese government
and the Department for Ground Transportation (DGTT Direcçao Geral de
Transportes Terrestres), used to handle road infrastructure to
the detriment of others. They now focus on the modernisation of the
same structures thanks to the grant of European aids for the
development of the country's infrastructures.
By rail
The rail network extends over 3,184 km, of which 451 km are single
tracks. The former national railroad company, the CP (Caminhos de Ferro
Portugueses) is responsible for the rail transportation and
infrastructure except for Lisbon and Porto.
Lisbon and Porto are connected with an electrified double track of a very good quality. The railway transport dominates goods transportation (1,825.7 tons km in 1994). Important investments are now planned - thanks to direct financing of the European Union to improve the electrification and the rehabilitation of long distance main routes: Lisbon - Porto, Lisbon-Algarve and towards Spain in the North and the West, and also to develop suburban services with subways and regional transport. In that sense, Portugal remains a very good opportunity for European companies specialised in these sectors.
By sea
The main ports are Lisbon, Leixoes
in Porto, Sines and Setùbal-Sesimbra. The secondary ports are
Aveiro, Funchal (Madeira) and Ponta Delgada. In order to cope with
the lack of infrastructure and competition from Northern Europe, a
White Paper was brought up in the beginning of 1997 by the
Portuguese authorities. It foresees some revision of the status of
the port administration, the encouragement to the private sector
and modernisation of port infrastructure.
By air
The main airports are Portela ( Lisbon), Francisco Sa Carneiro (Porto) and Faro ( Algarve), followed by Santa Catarina
(Madeira) and Santa Maria. In 1999, 109,000 tons of freight
were handled by Lisbon's airport, which recorded a drop of 2.3%
as compared to that of 1998.
Standards
The Portuguese
Qualitative (IPQ) institute is the body responsible for almost
all normalisation procedures. However, some products are still
bound to other organisations, such as the Institute of
Electromechanical engineering and Energy ( IEE) and the Institute
for the Protection of the Food-processing Products.
EU standards are compulsory. The ISO 9000 standard is optional, but remains a
proof of competitiveness.
Patents and brands
The Body responsible for the protection of intellectual property is theInstituto Nacional da Propriedade Industrial. Portugal signed the agreement of Paris regarding the protection of industrial property and the agreement establishing the World Intellectual Property Organisation (WIPO). In terms of patents, Portugal ratified the agreement of Munich for European patents, as well as the treaty of co-operation in patents ( PCT). With regards to trademarks, Portugal signed the agreement of Madrid.
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Texts currently applying to patents/brands |
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| Text | Date entered into law | Period of validity | Comment | |
| Patent | Industrial Property Code. Decree-Law No. 16/95 | January 24, 1995 | 20 years | : |
| Trademark | Industrial Property Code. Decree-Law No. 16/95 | January 24, 1995 | 10 years | : |
| Design | Industrial Property Code. Decree-Law No. 16/95 | January 24, 1995 | 25 ans | : |
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