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1 PROPOSAL of law No. 75/X explanatory memorandum 1. The program of the XVII constitutional Government for national defense refers, as priorities for the modernisation of the Portuguese Armed Forces, the renewal of equipment, in order to ensure the performance of its specific missions, including military missions within NATO and the European Union, as well as the development of the business sector in the area of defence, particularly by strengthening the investment in research and development. 2. The future of national defence through the development of intrinsic military capabilities and cooperation within the framework of alliances, the level of armament and of applied research. An integrated approach to National Forces system in terms of convergence of the main strategic objectives and based on the modernization of the armed forces is the only possible response to the current context of interdependence and affirmation of the country. 3. Incorporating and developing the Military programming Law applying to public investment programmes, certain is that current budgetary constraints scenarios require a rationalization of public expenditure in the field of defence equipment. Is the need for an integrated approach, with the objective of streamlining and competitiveness as a sine qua non for your viability, which drives the national defense to strengthen its capacities in proportion to their needs directly. This is the role of the Military programming Law. 4. It is also imperative the need for planning in the long term, the capabilities of each of the branches of the armed forces, allowing to see a national whole bigger and stronger than the arithmetic sum of the parts. Demand that the Military programming Law fosters, either to your highest level, wants a more operational level, this planning. 5. The awareness that the Country goes through a period of highly restrictive as regards public finances and that the national interest if play increasingly in the context of international alliances, 2 leads to consider how vital a line of development of the system of National Forces that lead to the formation of nuclei of dimension balanced forces and capabilities and harmoniously integrated with modernity and technical operational added value enable an effective joint intervention capacity. The organizational flexibility of core strength and mobility and interoperability are so vital to the desired conditions of employment set capacity. 6. It becomes thus imperative that national Forces system support in nuclear capabilities, including an effective command and control capability (integrated perspective of communications and data networks), strategic transport, and protection of forces projection, development of technological capacity of defence and dual-use, and integrated management of resources, and develop nuclear complex , in a sustained manner, throughout the period of validity of the law. 7. Have been set as benchmarks in the elaboration of this draft law streamlining the employment of existing media or to be acquired and the efficient and effective management of the resources available, translated, among others, in the following instruments: a) reinforcement of the trend of centralization in the Ministry of national defence (MDN) retrofitting processes, with a view, in particular, for more harmony , balance and coherence in the system of National Forces, as well as greater economies of scale in procurement, greater development effectiveness of the forces operating component cores and faster implementation procedures and consequent speed of the transformation process. This line of action is implemented by assigning to the central services of the MDN and the responsibility for the management of a significant number of procurement; b) investment in research and development (I&D), in alignment with the guidelines underlying the Lisbon strategy and technological plan, creating instruments and institutional mechanisms to streamline investment; c) adoption of a policy of sale of military equipment to be considered in excess (surplus) vis-à-vis the concept adopted for the formation of 3 cores of technologically updated forces balanced dimension and harmoniously integrated into the National Forces system; d) development of forces branches cores in harmony with the operating principle of the set operating system of National Forces, anchoring them in the command and control capabilities, strategic transport and projection and force protection, based on an effective integrated management of resources and benefiting from the development and innovation of national technology base; and) creation of technical and operational management tools that allow economic rationality in the maintenance and use of technically complex equipment and use expensive. For example, the helicopters at your high cost of purchase and maintenance, and by your technical and operational complexity, must be the subject of a centralized management through the creation of a Joint Force of Helicopters. 8. in the context of finance, have been taken into account the implications of the EUROSTAT decision on the treatment of military equipment in the national accounts, with incidence on the public deficit, in delivery of equipment. It is proposed to maintain the global value of law in conjunction with the reduction of the predicted value, in real terms, for the period of the stability and growth program, keeping the total value for the first sexénio of the period of validity of the law. 9. The present draft law constitutes an instrument to combine the financial resources available through the building up of the operational component of the National Forces system, and appropriate adjustments and reconciling the obligations entered into with the priorities for the maintenance and development of capabilities, in which continuity contributes decisively to the stability and predictability of the fundamental choices in the field of re-equipment of the Portuguese Armed Forces. The proposal reflects the commitment of essential refit and has a financing approach feasible.
So: under d) of paragraph 1 of 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: 4 chapter I section I general provision military Programming Article 1 subject-matter
1. this law concerns the public investment programming of the armed forces on the forces, equipment, armament, research and development and facilities with direct impact on the modernization and operationalization of National Forces system, achieved through the measures (capabilities) contained in the enclosed map. 2. this law also includes projects of decommissioning of arms, ammunition, equipment and infrastructure. 3-measures laid down in this law are necessary for the achievement of approved national force under the biennial cycle of force planning, taking into account the financial programming of the costs attached to their achievement. 4-for the purposes of this law, the forces plan medium-term plan aimed at achieving the system of forces and the approved device as a result of the military strategic concept and the missions of the armed forces.
SECTION II article 2 programme Map of measures the measures, the global appropriations for each financial year and the maximum values allowed for the settlement of obligations inherent to the contracts provided for in article 3 are contained in the map annexed to this law, which is an integral part.
5 article 3 financial programming 1-When the national interest so justifies, the objectives referred to in paragraph 1 of article 1 may be pursued through the conclusion of contracts of lease, or other legally permissible contracts, in order to allow for expansion in time of the corresponding financial burden ' satisfaction, without prejudice to the annual benefits enrollment on the map annexed to this law. 2-The contracts provided for in paragraph 1 may cover maintenance and service shall provide, when is not exercised the option to purchase by the lessee, where you're contractually provided for, the return of the goods to the lessor and the subsequent disposal or lease for this to other States. 3-The contracts provided for in paragraph 1 may not, under penalty of nullity, contain clauses which, directly or indirectly, impose limitations on the use of the leased goods or to allow the landlord access the goods or the documents likely to endanger national security, forcing one to renounce expressly the rights that the law eventually you check out.
Article 4 commitments 1 programming-the conclusion of contracts referred to in article 3 involves the establishment and approval of a multi-year payment plan. 2-the multiannual plan referred to in the preceding paragraph lays down the time limit for performance of the contract and discriminates against the financial burden to take in each year.
Article 5a multiannual Commitments 1-the Ministry of national defence may enter into commitments of which resulting multiannual charges under each one of the measures contained in the map annexed to this law and with a view to your accomplishment, since the respective amounts do not exceed, in each of the years following the economic limits and 6 time limits, for this purpose , in this Act and in accordance with the criteria laid down in the law approving annually the State budget. 2-the first year of the implementation of expenditure relating to multiannual commitments must correspond to that in which the undertaking concerned is assumed. 3-the new measures with multiannual Programme co-financed by the burden of investment and development expenditure of the Central Government (PIDDAC) are the subject of a contract approved by joint Ordinance of the Minister that has your position that program, the Minister of finance and the Minister of national defence.
Article 6 adjudicatório 1-common Procedure can be adopted a joint adjudicatório procedure in respect of the implementation of measures, although provided for in different chapters. 2-the adoption of a common adjudicatório procedure, in accordance with the provisions of the preceding paragraph, depends on the authorization of the Minister of national defence.
Article 7 exemption from fees whenever the implementation of this law if you make through the conclusion of contracts, these are exempt from fees payable by visa service of the Court of Auditors.
Article 8 measures Costs the costs of the measures highlighted in the map annex are expressed in constant prices, by reference to the year of the revision of the law on Military Programming.
Article 9 annual Impact on the overall balance of General Government sector 7 1-accounting registration of contracts provided for in paragraph 1 of article 3 comply with the rules of national accounting, focusing on annual public expenditure and the corresponding impact on the overall balance of General Government sector. 2-leasing contracts, the impact on the overall balance of General Government corresponds, in the year of the conclusion of the contract, the full amount of purchase of the equipment and, during the remaining years of running the test, the interest component of the rents paid. 3-operating lease contracts, the impact on the overall balance of General Government corresponds to the annual value of the rents paid. 4-in the other contracts, the impact on the overall balance of General Government corresponds to the applicable law to determine.
SECTION III article 10 Funding 1 budgetary provisions-the law approving the State budget includes an annual appropriations necessary for the implementation of the capabilities provided for in this law, implemented in action. 2-the financing costs resulting from this law can be strengthened through the allocation of revenue which is specifically stated. 3-the annual charge for each of the measures may, subject to the approval of the Minister of national defence, be exceeded up to an amount not exceeding 30% of the value shown for the year in question, as long as they do not impede the implementation of other measures, and may not, in any case, the total budgetary costs be each year, higher than the sum of the amounts set out in this law. 4-the balances recorded on the measures at the end of each financial year shall be carried over to the following year's budget, to strengthening of appropriations of the same measures to the full your execution.
Article 11 8 budgetary Limits
1-the law approving the State budget annually fixed the maximum overall amount of the financial commitment of the Government to the satisfaction of the payments to settle charges related to the contracts provided for in article 3 2-changing the debt resulting from service contracts provided for in article 3 requires authorization by the Assembly of the Republic when implies an increase of more than 5% of the total amount foreseen in the map annexed to this law.
Article 12 transfer of funds 1-fall within the competence of the Assembly of the Republic the transfers of funds between different programs, with the exception of the following paragraph. 2-Are the responsibility of the Minister of national defence transfers of funds:) between programs, since with the same title and chapter, and if it stays its functional classification; b) Between the various measures, projects or activities in a single programme; c) arising from transfers of a management company of a program or measure to other entities, or the succession of the first skills; d) from measures, projects or existing activities to new measures, projects or activities to create during the execution of the State budget.
Article 13 contingent liabilities arising from penal clauses the law approving the State budget foresees a provisional appropriation, at the Ministry of finance, which supports the payments eventually resulting from the operation of penal provisions against the State, under lease contracts referred to in paragraph 3 of article 9 CHAPTER II Duration, review and execution 9 article 14 duration 1-this law is in force for a period of three sexénios without prejudice to the commitments undertaken by the State in excess of that period. 2-To the measures whose financing eventually exceeds the period fixed in the preceding paragraph shall be indicated the prediction of the years and the corresponding costs until their conclusion.
Article 15 1 Revisions-this law is ordinarily reviewed in even-numbered years. 2-the reviews referred to in the preceding paragraph may, if the national interest the advise, cancel and change the measures listed, affect their balances the other, as well as subscribe to new measures. 3-measures whose implementation strayed significantly from planned or has not been performed within the time limit laid down, must be reevaluated when the reviews referred to in paragraph 1.
Article 16 Preparation and presentation of the draft law review 1-measures to consider in reviews of the Military programming Law, divided into projects or activities, are presented in accordance with the plan of forces, and contain the timing of its implementation, as well as adequate justification and description. 2-In each measure are even, if appropriate, referred to the cost of the maintenance of the goods the subject of the acquisition. 3-in the presentation of the projects or activities are indicated the increase or decrease of annual costs of normal operation, resulting from the implementation of the measures and effects on their budgets. 4-the Government presents to the Assembly of the Republic, together with the Bill of review, the financing plan of the measures resulting therefrom.
10 article 17 powers in the review procedure 1-it is the Government, through the Minister of national defence, in conjunction with the Chief of the General staff of the armed forces and with the chiefs of branches, guide the elaboration of the draft law on Military Programming law review. 2-it is the Supreme Military Council, having heard the Council of Joint Chiefs of staff, to prepare the draft proposal of law on Military Programming law review. 3-it is the Government, in Council of Ministers, the Supreme Council of national defense, to approve the Bill to revise the law on Military Programming. 4-it is up to Parliament to approve the draft organic law of Military Programming law review.
Article 18 Implementation 1-it is for the Government to promote the implementation of this law, under the direction and supervision of the Minister of national defence, which is tended centered in the organs and central services of the Ministry of national defence, without prejudice to the competence of the Assembly of the Republic. 2-the implementation of this law is upon the assumption of commitments needed for the implementation of the measures contained therein. 3-for the purposes of the preceding paragraph, the Government promotes the necessary budgetary changes by virtue of this law, within 15 days after your entry into force.
Article 19 Monitoring by the Assembly of the Republic 11 1-the Government submits to Parliament, by the end of the month of March of each year, a report in the detail of appropriations relating to each measure of contracts carried out the previous year and future responsibilities stemming therefrom, as well as all the information necessary for the enforcement of this law. 2-the Minister of national defence reports annually to Parliament on the implementation of all the measures contained in the law on Military Programming, and negotiated interest rates when use the conclusion of contracts provided for in article 3 CHAPTER III final provisions article 20 supplementary Scheme the measures listed in the law of Military Programming, and in everything that does not contradict by default, apply the fiscal rules of the multiannual programmes.
Article 21 Transitional Standard the first revision of this Act must occur in the year of 2009, producing their effect from 2010.
Article 22 set-1 Standard Are repealed the organic laws Nos 5/2001, of 14 November and 1/2003, of May 13. 2-the provisions of the preceding paragraph shall not preclude the application of organic law n° 1/2003, of May 13, multiannual programmes running at the date of entry into force of this law, even if they are not in this covered, to complete your implementation.
12 article 23 entry into force this law shall enter into force on the day following your publication.
Seen and approved by the Council of Ministers of 1 June 2006 the Prime Minister the Minister of Parliamentary Affairs Minister Presidency
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