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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 12 (agriculture), 17 (accidents), 18 (occupational diseases), 19 (equality of treatment) and 102 (minimum standards) together.
The Committee notes the observations of the General Confederation of Portuguese Workers (CGTP-IN), communicated with the Government’s reports.
Part V (Old-age benefit). Article 26(2) of Convention No. 102. Pensionable age.Working ability of older persons. The Committee notes the information provided by the Government in its report concerning the reform of the pension system, which was aimed at enhancing its financial sustainability. The Committee notes that the legal age for entitlement to an old-age pension has been gradually increased to 66 years and 4 months in 2023. The Committee takes note of the observations of the CGTP-IN, that the expectancy of healthy life years at 65 years was only 7.7 years in Portugal in 2020, and that the level of employability of workers over 65 in 2022 reached just 9.3 per cent. The Committee further notes the information provided by the Government in its 2023 report on the application of the European Code of Social Security and its Protocol, which indicates that the number of elderly persons aged 65 compared to the number of persons of working age (from 15 to 64) reached 33.6 per cent in 2018, compared to 20.3 per cent in 1990. The Committee recalls that Article 26(2) of the Convention allows for an increase of pensionable age beyond 65 years with due regard to the working ability of older persons in the country concerned. The Committee therefore requests the Government to: (i) reply to the observations made by theGeneral Confederation of Portuguese Workers (CGTP-IN)in this regard; and (ii) provide statistical information on the working ability of older persons, notably on the healthy life expectancy, the life expectancy at 65 and the employability of persons aged 65 and over.
Article 36 of Convention No. 102. Payment of compensation in the form of a lump sum. The Committee notes the information provided by the Government that, in the event of incapacity for work of more than 30 per cent and less than 75 per cent, the conversion of a periodic payment into a lump sum is permitted only partially and at the request of a beneficiary, in accordance with section 75 of Act No. 98/2009. The Committee further takes note that, in such a situation, the partial conversion is subject to two limitations: (i) the remaining annual pension may not be less than six times the amount of the guaranteed minimum monthly remuneration in force; and (ii) the lump sum may not exceed that which would result from a pension calculated based on an incapacity of 30 per cent. The Committee notes Government’s indication that such limitations are sufficient to ensure that the lump sum is properly utilized as to guarantee the preservation of the subsistence income for the beneficiary of an employment injury pension.
Part XI of Convention No. 102 (Standards to be complied with by periodical payments). Article 65(10). 1. Review of the rates of employment injury pensions. The Committee takes due note of the information provided by the Government as regards the adjustment of disability pensions payable either by private insurance companies in case of an accident at work or by the Social Security Institute in case of an occupational disease.
2. Review of the rates of old-age, employment injury, invalidity, and survivors’ benefits. The Committee notes the statistical data provided by the Government on the evolution of the cost-of-living index and average wages, as well as the amount of standard old-age, employment injury and invalidity benefits since 2010. The Committee observes that minimum pensions during this period have increased at the same rate as the consumer price index (IPC) but that the social support index (IAS), which determines the level of other pensions, increased at a substantially lower rate. The Committee also takes note that there was no regular updating of pensions in 2021 and that the Government approved an extraordinary increase to be applied to lower pensions in 2022. The Committee notes the concerns expressed by the CGTP-IN, indicating that, in 2023, the Government set, at its discretion, the percentages for updating pensions at a much lower level than the legal formula, and that Law No. 53-B/2006 does not guarantee the maintenance of the real purchasing power. In this context, the Committee observes that the practice of adjusting mainly lower pensions without following the substantial changes in the cost of living may not guarantee the purchasing power of the pension payments. In view of this, the Committee requests the Government to (i) reply to the observations of the CGTP-IN in this regard; (ii) provide up to date statistical information on the changes in the index of earnings, the cost of living and the amount of old-age, employment injury, invalidity and survivors’ benefits since 2020, in accordance with Title VI of the report form for the Convention; and (iii) indicate how such changes guarantee the maintenance of the purchasing power as to the standard beneficiary under the terms of the Convention.
Part XIII (Common provisions). Article 69. Suspension of employment injury benefits. The Committee notes the Government’s indication that sections 14, 15, 16 and 17 of Law No. 98/2009 establish the situations in which suspension of benefits is allowed or that there would be no entitlement to employment injury benefits. The Committee also notes the Government’s explanation that these exclusions have very strict limits, which reduce the extent of their application.
Article 71. Financing of the social security system. The Committee takes due note of the information and data provided by the Government, which indicate that the overall contribution borne by employees attained 18.8 per cent of the total revenues in 2021, within the level allowed by Article 71 of the Convention.
Social security and poverty reduction. The Committee notes the Government’s statistical information on the reduction of poverty, despite the temporary reversal in 2020 resulting from the social effects of the COVID-19 pandemic. The Committee further notes, from the 38th report on the European Code of Social Security, that 16.4 per cent of people were at risk of poverty in 2021, 2 per cent less than in 2020, and that social transfers related to sickness and disability, family, unemployment, and social inclusion (excluding pensions) contributed to reducing the risk of poverty by 5.1 per cent.
Article 1 of Conventions Nos 17 and 18 and Article 71(3) of Convention No. 102. General responsibility of the State for the due payment of employment injury benefits. The Committee takes note of the information provided by the Government that delays in the provision of benefits were related to one single operator and that the Insurance and Pension Funds Supervisory Authority took specific measures, resulting in the normalization of the operations in 2022. The Committee notes the CGTP-IN’s observation as to the persistent delays in recognizing the occurrence of an accident at work or an occupational disease, particularly due to lack of medical personnel, which may deprive injured workers (and their families, in the event of death) of income for long periods of time. Furthermore, it indicates the under-declaration of wages for insurance purposes leading to a reduction of the amount of cash benefits paid in this regard. The Committee wishes to recall once more that Article 1 of Conventions Nos 17 and 18 and Article 71(3) of Convention No. 102 establish the responsibility of the State for the due payment of employment injury benefits and that the State must take all measures required for this purpose, including appropriate enforcement and compliance measures. The Committee requests the Government to: (i) reply to the observations of the CGTP-IN in this regard; and (ii) provide statistical information concerning the number of claims and the average time elapsed between the reporting of an accident at work/occupational disease, its recognition, and the beginning of payment of the respective cash benefits.
Application of the Conventions Nos 12, 17 and 18 in practice. The Committee notes the Government’s indication that, since 2014, the Working Conditions Authority (ACT) has adopted measures to prevent accidents at work, comprising training, awareness- raising and information activities aimed at certain sectors, including agriculture and fisheries, to reduce the number of accidents at work and the risk factors associated with occupational diseases. The Committee also notes the statistical information demonstrating the decrease in the number of accidents at work detected from 2014 to 2021, particularly in the agricultural, livestock and fishing sectors. The Committee also notes the information provided concerning the collection of statistical data on the incidence and prevalence of occupational diseases, showing that pilot exercises are currently being carried out, according to the framework regulation No. 1338/2008 of the European Parliament and of the Council, on community statistics on public health and health and safety at work, with a view to establishing a conceptual harmonization methodology to standardize the classifications of occupational diseases. The Committee notes that, according to the CGTP-IN, although the legislation concerning compensation for accidents at work applies to all workers and occupational accident insurance is compulsory, neither of them is fully applied in sectors characterized by the existence of various forms of subcontracting and temporary work, such as agriculture, resulting in, among other issues, the underreporting of cases. It indicates furthermore that injured workers are often dismissed without reintegration or professional rehabilitation. The Committee requests the Government to reply to the observations of the CGTP-IN in this regard, and to provide information on: (i) the number of accidents at work and occupational diseases, the violations detected by the labour inspection in this context and the number and nature of penalties applied; (ii) the measures adopted or envisaged to improve the reporting of accidents at work and occupational diseases, particularly in agriculture; and (iii) the results obtained by the pilot exercises regarding the incidence and prevalence of occupational diseases.

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 12 (agriculture), 17 (accidents), 18 (occupational diseases) and 102 (minimum standards) together.
The Committee notes the observations of the General Confederation of Portuguese Workers–National Trade Unions (CGTP–IN), and the General Workers’ Union (UGT) communicated with the Government’s reports.
Part V (Old-age benefit). Article 26 of Convention No. 102. Pensionable age. The Committee notes the information provided by the Government in its report on the reform of the pension system undertaken in the past decades in order to enhance financial sustainability. The modifications introduced included linking the pensionable age to the average life expectancy. Accordingly, the normal pensionable age has been gradually increased in the past years up to 66 years and 5 months in 2019 and 2020, as set out in Decree No. 25/2018 of 8 January 2018. The Committee notes the observations by the CGTP–IN and its allegation that this modification is not in conformity with Article 26(2) which allows for an increase of pensionable age beyond 65 years only with due regard to the working ability of older persons in the country concerned. In addition, the CGTP–IN points out that linking the pensionable age to the average life expectancy will bring variations in the pensionable age from year to year. The CGTP–IN further indicates that this creates uncertainty for future pensioners who are no longer able to anticipate the age at which they can draw a full pension. The Committee also notes the concerns raised by the UGT in its observations regarding the detrimental impact that a yearly determination of the pensionable age, based on sustainability criteria, will have on pensioners, and regarding the lack of agreement among social partners on the implementation of this measure. The Committee also notes the information provided by the Government in its 2019 report on the application of the European Code of Social Security and its Protocol (Code), which contains a provision similar to Article 26, in which it indicates that “the number of elderly persons aged 65 compared to the number of persons in working age (from 15 to 64) reached 33.6 per cent in 2018 compared to 20.3 per cent in 1990”. The 2019 report also provides statistical data showing that not only the general life expectancy but also the disability free life expectancy (DFLE) have increased over the past years. The Committee notes this information and requests the Government to continue providing statistical data on the working ability of older persons and notably on the disability free life expectancy, the life expectancy at 65 and the employability of persons aged 65 and over.
Part VI (Employment injury benefit). Article 35. Rehabilitation and reintegration. The Committee notes the information provided by the Government in reply to its previous request concerning rehabilitation and reintegration services.
Article 36. Payment of compensation in the form of a lump sum. In its previous comments, the Committee requested the Government to provide information on how private insurance companies verify that a lump sum paid instead of a periodical pension would be properly utilized, as required by Article 36. The Government replies that in case of incapacity for work of less than 30 per cent, the conversion of a periodical pension into a lump sum is permitted if the amount of pension does not exceed six times the indexing reference of social support, the IAS (indexante dos apoios sociais). The Government further indicates that in case of incapacity for work of more than 30 per cent, the conversion of a periodical pension into a lump sum is permitted only partially and at the request of a beneficiary. According to the UGT, the payment of a lump sum is advantageous for insurance companies but prejudicial to injured workers. The Committee recalls that in accordance with Article 36(3), the periodical payment may be commuted for a lump sum only where the degree of incapacity is slight or where the competent authority is satisfied that the lump sum will be properly utilized. The Committee therefore requests the Government to ensure that in case of incapacity for work of more than 30 per cent, the competent authority is satisfied that the part of the benefit that can be paid as a lump sum will be properly utilized.

Part XI (Standards to be complied with by periodical payments). Article 65(10).

(a) Review of the rates of employment injury pensions. In its previous comments, the Committee noted the delay in the publication of uprated employment injury pension rates and expressed the hope that the Government would in future issue the reviewed rates of employment injury pensions at the same time as other social security pensions. The Committee notes the CGTP-IN’s indication that the updating of employment injury benefits continues to be made with considerable and unjustified delay. The Committee requests the Government to provide its comments in this respect.
(b) Review of the rates of old-age, employment injury, invalidity and survivors’ benefits. The Committee notes the statistical data provided by the Government on the review of the benefits rates for the period 2014–15. The Committee notes that unlike minimum pensions, benefits received by a standard beneficiary were not adjusted according to the increased consumer price index (CPI) rate. The Committee further notes the CGTP-IN’s allegations that the purchasing power of pensions has not been ensured, as required by Article 65(10) and that some pensions were not indexed from the period 2009 to 2015, although the cumulative inflation rate had reached 9 per cent by 2015. The Committee also notes from the 2019 report on the Code that, since 2017, the adjustment of pensions to the CPI depends on the amount of the pension and on the gross domestic product (GDP) growth rate: if the GDP growth was less than 2 per cent, only pensions up to 1.5 IAS are indexed according to full CPI rate; if the GDP grew from 2 per cent to 3 per cent, indexation according to the full CPI rate is extended to pensions between 1.5 and six times the IAS; and if the GDP grew by more than 3 per cent, the full CPI rate is also applied to adjustment of pensions over six times the IAS. According to the 2019 report, the CPI rate of the previous year reached 1.03 per cent and the average GDP growth rate of the last two years was 2.58 per cent. Pensions were therefore adjusted in 2019 as follows: 1.6 per cent for pensions up to €871.52 (2 x IAS), 1.03 per cent for pensions between €871.52 and €2,614.56 (between 2 and 6 x IAS) and 0.78 per cent for pensions above €2,614.56 (more than 6 x IAS). The Committee observes that the new mechanism delinks pension adjustment from changes in the general level of earnings in the country, which is put forward by Convention No. 102, and links it instead to changes in GDP rates. The Committee further observes that in case real GDP growth is less than 2 per cent, adjustment of all pensions over 1.5 times the IAS according to the new rules will not permit the maintenance of their purchasing power vis-à-vis inflation, which is the primary objective of Article 65(10). In order to ascertain to what extent pension adjustments have effectively permitted the maintenance of the purchasing power of all pensions in payment, the Committee requests the Government to supply data on the changes in the index of earnings, the cost of living, the amount of old-age, employment injury, invalidity and survivors’ benefits, as well as changes of the GDP since 2010, in accordance with Title VI of the report form for the Convention.
Part XIII (Common provisions). Article 69. Suspension of employment injury benefits. In its previous comments, the Committee noted that, according to sections 14–17 of Act No. 98/2009, employers’ liability to compensate occupational accidents would not be engaged, inter alia, in case of gross negligence, force majeure or where the accident is due to another worker or a third person. It further noted that such cases were taken up by insurance carriers, given that the insurance contracted by employers for cases of occupational accidents aims at transferring to the insurer the obligations of the employer. In light of this, the Committee hoped that, in drafting the implementing regulations of the Act, the Government would take into account that the established grounds for the suspension of benefits might go beyond what is permitted by the Convention and requested the Government to take the necessary measures to ensure that, in applying sections 14–17 of Act No. 98/2009, the competent authorities would take into account the requirements of the Convention, which limits the causes of benefit suspension to those listed in Article 69. The Committee once again requests the Government to provide information on any measures taken to such effect.
Social security and poverty reduction. In its previous comments, the Committee noted that austerity measures had resulted in reducing social expenditure, greater precarity and poverty and requested the Government to provide information on the dynamics of poverty in the country, including data on the number of beneficiaries and the minimum amounts of social benefits in comparison with the poverty threshold. The Committee notes the Government’s statement that along with the general improvement of the Portuguese economy, targeted social policy measures widened the coverage of the minimum income schemes, and contributed to improving living conditions in households whose income was considerably below the poverty threshold. The Committee notes from the 2019 report on the Code the decrease in residents who were at risk of poverty (1 per cent less than in 2016 and 2.2 per cent less than in 2013). The 2019 report further indicates that income from retirement and survivors’ pensions contributed to a 21 per cent decrease in the at risk-of-poverty rate. The Committee notes the CGTP–IN’s observations indicating a deterioration in terms of coverage and level of non-contributory benefits, particularly regarding family allowances, unemployment allowances, the social integration income (RSI), and the solidarity supplement for older persons (CSI). The Committee hopes that the Government will continue taking measures on the sustainable reduction of poverty and extension of coverage by the minimum social security benefits and requests the Government to continue providing statistical data in this respect.
Part XIII (Common provisions). Article 71. Financing of the social security system. The Government indicates that, under the EU/IMF Economic Adjustment Program for Portugal, pensions, subsidies and other similar monetary benefits have been subject to the extraordinary contribution of solidarity (Contribuiçao Extraordinâria de Solidariedade) during the period 2012–16. The Committee notes in this regard the observations of the CGTP-IN, which alleges that extraordinary pension contributions form part of restrictive measures put in place by the Government, which raises issues of compliance with Article 71. The Committee recalls that, in accordance with Article 71 of the Convention, the cost of the benefits provided in compliance with the Convention and the cost of the administration of such benefits shall be borne collectively, and requests the Government to provide statistical data on the share of the insurance contributions borne by the employees of the total of the financial resources allocated to the protection of employees and their dependants, according to the report form for the Convention.
Article 1 of Convention No. 12. Coverage of all agricultural wage-earners, and application of the Convention in practice. The Committee notes the Government’s indication that Portugal’s legislation on compensation for employment accidents is applicable to all workers, including in the agricultural sector. It also notes from the data supplied by the Government an increase in the number of employment accidents in agriculture, livestock, hunting, forestry and fishing. In this regard, the Committee notes that, according to the UGT, the measures taken to prevent occupational accidents in the agricultural sector, one of the sectors with the highest rate of employment accidents, are not sufficient. The UGT also raises concerns as to the high rate of undeclared work in the agricultural sector, which is difficult for the Working Conditions Authority (Autoridade para as Condições de Trabalho, ACT) to detect. In this regard, the UGT refers to the National Campaign against Undeclared Work launched by the ACT in 2014–15 to tackle undeclared work and ensure the coverage of the workers concerned by the occupational accident insurance scheme. The Committee requests the Government to provide information on measures taken or envisaged to prevent work-related injuries in the agricultural sector and to refer to its comments under the Safety and Health in Agriculture Convention, 2001 (No. 184), in this regard. Furthermore, the Committee requests the Government to provide information on measures taken or envisaged to ensure that all agricultural wage-earners are effectively covered in case of work-related injury, in accordance with Article 1.
Article 1 of Convention No. 17 and Article 71(3) of Convention No. 102. Responsibility of the State for the due payment of employment injury benefit. In its reply to the Committee’s previous request, the Government supplies statistics on the number of inspections carried out and sanctions imposed. In this light, the Committee notes that the number of inspection visits decreased during the period 2011–15. The Committee also notes the UGT’s allegation that insurers are reported to be slow in paying compensation and that subcontractors do not conclude the required insurance policies, making it more difficult, if not impossible, to compensate workers. The Committee recalls that Article 1 of Convention No. 17 and Article 71(3) of Convention No. 102 establish the responsibility of the State for the due payment of employment injury benefits and that the State must take all measures required for this purpose, which includes appropriate enforcement and compliance measures. The Committee therefore requests the Government to provide information on the measures taken or envisaged to improve the compliance of the parties concerned with their employment injury insurance obligations and to ensure the effective payment of the compensation due to injured workers or their dependants in case of employment injury. The Committee also requests the Government to refer to its comments under the Labour Inspection Convention, 1947 (No. 81), with respect to the maintenance of sufficient numbers of labour inspectors.
Application of Convention No. 18 in practice. In its previous comments, the Committee requested the Government to provide information on the under-notification of occupational diseases and explain the manner in which medical practitioners intervene in the clinical recognition of occupational diseases. The Committee notes the Government’s reply, which refers to Legislative Decree No. 2/82 of 5 January 1982, on mandatory treatment of a suspected or worsening case of occupational disease and explains stages of the procedure for certifying an occupational disease. The Government also refers to the guidelines issued by the General Directorate of Health pursuant to Article 2(2)(a) of Regulatory Decree No. 14/2012 of 26 January 2012 and the Second National Occupational Health Programme (2013–17) which regulate the participation of medical practitioners in the clinical diagnoses of occupational diseases. The Committee notes the observations made by the UGT and the CGTP-IN, which indicate that most occupational diseases are not diagnosed as such, that occupational diseases are under-reported and that, as a result, there is a lack of necessary statistical data and relevant studies on the incidence and prevalence of occupational diseases. They also stress the need for increased awareness within the medical profession about the causal links between pathologies and occupational activities. The Committee requests the Government to refer to its comments under the Occupational Safety and Health Convention, 1981 (No. 155), with respect to measures to improve the reporting of occupational accidents and diseases. The Committee also requests the Government to provide information on measures taken or envisaged to improve the collection of statistical data on the incidence and prevalence of occupational diseases.

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Part V of the report form. Application of the Convention in practice. The Committee notes that, in their comments on the application of the Convention, the General Workers’ Union (UGT) and the General Confederation of Portuguese Workers (CGTP) indicate that there are serious dysfunctions in the scheme for the coverage of occupational diseases, particularly in view of the absence of notifications of a large number of occupational diseases. Since its integration into the Social Security Institute (ISS), the National Centre for Protection against Occupational Risks (CNPRP) has lost its autonomy, which has resulted in a further deterioration of the situation. Following this reform, employers’ and workers’ organizations have ceased to be represented on the managerial bodies of the CNPRP, and now only have a purely advisory role and are faced with a systematic refusal of access to the necessary information to fulfil their role. The UGT and the CGTP add that there is a high level of non-compliance with the legal requirement for medical practitioners to participate in the procedures related to the clinical recognition of occupational diseases. It would also be important for doctors to be made more aware of the problem, particularly in relation to the establishment of a causal link between a pathology and an occupational activity.
In its reply to the above comments, the Government indicates that under-notification is intrinsic to systems for the compensation of occupational diseases and that the allegations that medical practitioners are not complying with their legal requirement to participate in the procedures for the recognition of occupational diseases are not well-founded and are not based on any study of the question. Medical practitioners discharge their functions in full freedom and independence, and it would not be admissible for them to be subject to pressure with regard to their compulsory participation. The CNPRP was integrated into the ISS in 2007, and the problems resulting from this integration have been resolved. The Government rebuts the claims that the social partners do not have access to information and refers to the fact that the records of the advisory body are all signed by the representative of the CGTP. The two major problems currently facing the CNPRP are the lack of personnel and a high rate of retirement, which are responsible in certain cases for a lengthening in response times. The CNPRP has also implemented an awareness-raising strategy which includes its participation in scientific and technical activities and the organization of a seminar to which the social partners were invited.
Noting the above information, the Committee wishes to recall that the proper operation of a social security scheme presupposes the existence of a spirit of dialogue and tripartite collaboration. With regard to the under-notification of occupational diseases, the Committee considers that in cases in which under-notification becomes intrinsic in an occupational disease scheme, that tends to reveal that it is badly managed and administered. The Committee therefore draws the Government’s attention to its general responsibility to guarantee the proper administration and transparency of the social security system in general, and of the compensation scheme for employment injury, in particular, including by ensuring that the competent authorities have at their disposal all the necessary means to discharge their mission. The Committee would be grateful if the Government would provide with its next report relevant extracts from the annual reports of the labour inspection services and of national bodies competent in the field of social security and employment injury, as well as any study illustrating the extent of the alleged phenomena of the under-notification of occupational diseases. Please also provide copies of laws and regulations governing the manner in which medical practitioners intervene in the clinical recognition of occupational diseases.

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The Committee notes the information provided by the Government concerning the amendments made to the national legislation on occupational diseases, and the statistics attached thereto. It also notes the observations of the Portuguese Confederation of Tourism and the General Union of Workers regarding the implementation of national laws and regulations on this subject, and the Government’s response thereto. The Committee notes that, in Portugal, the system of cover for occupational diseases is governed by a group of texts, some of which, such as the Labour Code of 2003 or Act No. 32/2002 on the foundations of social security of 2001, were adopted after the regulatory texts on occupational diseases, which continue nevertheless to establish the national list of occupational diseases with recognized origins. In this respect, the Committee notes the adoption, during the period covered by the report, of Regulatory Decree No. 6/2001 repealing Regulatory Decree No. 12/80, which establishes the new national list of occupational diseases, and notes the conformity of the new text with the schedule of occupational diseases set forth in Article 2 of the Convention.

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The Committee notes the information communicated by the Government in its report and the comments made by the Confederation of Portuguese Industry. In this respect, it notes that the legal system for compensation for occupational injury is now governed by Act No. 100/97 and its implementing legislation. It notes, moreover, that according to section 1 of Legislative Decree No. 143/99, the provisions of Act No. 100/97 relating to occupational diseases are covered by independent regulations. The Committee therefore requests the Government to indicate in its next report whether regulations on the scheme of compensation for occupational diseases have been drawn up and, if so, to provide information on this new scheme along with a copy of any text adopted on the matter.

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