A postponement of the requirement for the declaration model of the absence of conflicts of interest by members of public entities covered by the RGPC.

Article 13(2) of Decree-Law No. 109-E/2021, of December 9, which establishes the general corruption prevention regime (RGPC), stipulates that members of governing bodies, managers, and employees of public entities covered by the RGPC must sign a declaration of conflicts of interest in procedures in which they are involved, concerning the following matters: a) public procurement; b) granting of subsidies, grants, or benefits; c) urban, environmental, commercial, and industrial licensing; and d) sanctioning procedures.

This declaration was to follow the model defined by a Government Ordinance, which was established in Ordinance No. 185/2024/1, of August 14. Initially, this Ordinance was to enter into force within 30 days of its publication (Article 3). However, it was subsequently amended by Ordinance No. 242/2024/1, of October 4, postponing its entry into force to 180 days after its publication.

The amendment introduced by Ordinance No. 242/2024/1, of October 4, to Ordinance No. 185/2024/1, of August 14, was justified by the fact that the Anti-Corruption Agenda, approved by the Council of Ministers on June 20, 2024, foresees a revision of Decree-Law No. 109-E/2021, of December 9. This revision may include an intervention specifically in Article 13(2) of that Decree-Law, making it more appropriate to extend the deadline for the mandatory adoption of the model established in Ordinance No. 185/2024/1, of August 14.

Since the revision of Decree-Law No. 109-E/2021, of December 9, has not yet taken place, the Government, through a new Ordinance, No. 38/2025/1, of February 14, revoked Ordinance No. 242/2024/1, of October 4, and amended Ordinance No. 185/2024/1, of August 14, now determining that the latter will only enter into force one year after its publication.

Despite the legislative technique adopted by the legislator not being the clearest, the following conclusions can be drawn from the analysis presented:

1. Ordinance No. 185/2024/1, of August 14, remains in force;
2. Ordinance No. 242/2024/1, of October 4, which established that Ordinance No. 185/2024/1, of August 14, would come into force within 180 days of its publication, is revoked;
3. Ordinance No. 38/2025/1, of February 14, enters into force, determining that Ordinance No. 185/2024/1, of August 14, will only come into force one year after its publication;
4. As a result, public entities will only be required to adopt the declaration model of absence of conflicts of interest from Ordinance No. 185/2024/1, of August 14, starting on August 14, 2025.

However, the postponement of the obligation to adopt the declaration model of absence of conflicts of interest for compliance with the RGPC does not exempt Administration members, in matters of public procurement, from signing the declaration model of absence of conflicts of interest in Annex XIII of the Public Contracts Code, pursuant to and for the purposes of Article 1-A(3) and (4), Article 67(5), and Article 290-A(7) of that legal diploma.