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1 PROPOSAL of law No. 196/X explanatory memorandum the Government provides, in chapter V, part II (national defence), paragraph 5, that matters proceed to "(...) upgrading of infrastructure, in order to ensure the fulfilment of the missions of the armed forces, in particular the presence in your joint military missions within the framework of NATO and the European Union ". For this purpose is provided for the "adoption of a law on Military infrastructure programming". The reasons for such a determination are well known. In fact, the professionalization of the armed forces (need to lower capacity of accommodation and food but with higher quality) on the one hand, and the adoption of a new model of organization of the upper structure of the same on the other, determine the need to adapt the Park real estate and military infrastructure. Cannot even leave to take into account that the purchase of new equipment, better suited to a logic of force projection, determine also the appropriateness of the infrastructure must support. In short, it is necessary to begin a process that as the military infrastructure with the needs resulting from the approved forces system, investment priorities of the Military programming Law (LPM) and the adequacy of the same to the strategic concept of national defense. Investment in infrastructure under the military law of Military infrastructure program (LPIM) will be funded entirely through the monetization of assets currently assigned to the national defense, either by sale or other forms of monetization of privatístico or for monetization keeping the goods in the public domain of the State. Flexible media monetization are foreseen, in order to extract the maximum performance possible of existing infrastructures. 2 the multiannual programming, covering a period of 12 years, after which the adaptation must be complete. This allows to guarantee a steady stream of income and the ability to project implementation, in order of priority. Is still provided for the recapitalisation of the military pension fund of the armed forces, in compliance with the obligations assumed by the State in this respect. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: chapter I programming of military infrastructure management section I general provision Article 1 subject-matter 1-this law concerns the management of programming allocated to national defence in order to implement the results achieved in the financing of the activities therein. 2-the buildings covered by the provisions of this law are those laid down in implementing decree to be approved by the Government. 3-in addition to the properties referred to in the preceding paragraph, may still be covered all that, by all the members of the Government responsible for the areas of finance and national defence, come also to be made available. 4-for the purposes of issuing the order referred to in the preceding paragraph, the Member of Government responsible for national defence look competent organs of the armed forces. 3 5-acts of administration and disposition of real property referred to in paragraphs 2 and 3 shall be governed by the provisions of this law.
SECTION II article 2 programme Map 1 measures-the measures and global appropriations for each financial year are listed in the map annexed to this law. 2-the measures are grouped by degree of priority of implementation.
Article 3 methods of management the management of properties assigned to national defence covered by this law is made by your sale or other forms of monetization.
Article 4 the infrastructure Situation after your 1-integrated buildings available in the implementing decree referred to in paragraph 2 of article 1 are subjected with regard, in particular, by the provisions of this law, the management provided for in Decree-Law No. 280/2007 of 7 August. 2-the competent entity for the management of real property provided for in Decree-Law No. 280/2007, of August 7 is up to perform all acts necessary for the definition of registry of the real estate situation. 4 Article 5 1-Discharged in the public domain When the immovable property included in the implementing decree referred to in paragraph 2 of article 1 are integrated into the public domain used for the Ministry of national defence, it is up to the members of the Government responsible for the areas of finance and national defence, by order, proceed to your discharged. 2-disused public domain infrastructures used for the Ministry of national defence shall integrate the private domain of the State, and your management laid down in Decree-Law No. 280/2007 of 7 August. 3-If the immovable property in the public domain are subject to other dominialidade schemes, in addition to the military, the jurisdiction referred to in paragraph 1 is extended to the members of the Government responsible for the respective areas.
Article 6 1 monetization operations-the operations of monetization of real estate acautelarão the needs arising from the constant investment programme of this law. 2-the statement of procedures relating to operations of monetization of the properties is carried out in accordance with the law and in accordance with the legally defined duties and responsibilities. 3-Notwithstanding the preceding paragraph, the decision on concrete operations and monetization models is always subject to order all the members of the Government responsible for the areas of finance and national defence. 4-Should the ministries of finance and public administration and national defence agreements necessary for the proper celebration of the articulation among themselves with a view to the proper implementation of this law. 5 article 7 1 infrastructure management criteria-the time of administrative acts or provision of goods should be chosen so as to maximize the use of the advantages. 2-for the purposes of the practice of acts of administration or disposal, infrastructure laid down in implementing decree referred to in paragraph 2 of article 1 are preferably integrated into lots. 3-the consignments referred to in the preceding paragraph may be made in accordance with geographical criteria, or utility type of goods, or others that are suitable, but always subject to the balance of revenue to get through each batch.
Article 8 means of managing the infrastructure management is done through the following means: a) Alienation; b) Lease; c) Constitution of rights in rem minors; d) granting of private use of public ground; and Swap); f) partnerships with property developers; g) Securitisation of real estate assets by setting up real estate investment funds; h) sales operations with the possibility of maintaining the costly use of the goods; I) Any other appropriate legal instruments to the ends to continue through this law. 6 article 9 Granting the public domain assigned to the national defense 1-granting public domain goods assigned to the national defense in the implementing decree referred to in paragraph 2 of article 1 is preceded by a procedure that respects the fundamental principles of administrative contracting, guarantee the respect of competition and maximize the benefits to the State. 2-The contract referred to in paragraph 1 is set out in the term of granting compulsory, the amounts due by the dealer, the technical and legal conditions and the penalty regime, including the assumptions of the ransom and kidnapping, in particular those relating to the compatibility of the concession with the military use of the building and the terms of prior authorisation for the transfer of the right. 3-can be subject to the regime of goods contained in the implementing decree referred to in paragraph 2 of article 1 any others who, by joint decree of the members of the Government responsible for the areas of finance and national defence come also to be made available. 4-for the purposes of the order referred to in the preceding paragraph, the Member of Government responsible for national defence look competent organs of the armed forces.
Article 10 airspace and underground-1 can be granted, under the conditions laid down in the previous article, the airspace and the underground for the public domain military goods, from the depth or height that does not put in question the allocation of those military and security of people and goods. 2-Notwithstanding the preceding article, the grant provided for in this article depends on the prior approval of the project by order of the Member of Government responsible for national defence, having heard the Council of chiefs. 7 article 11 acts of extraordinary administration and all acts of disposition and extraordinary administration of infrastructure require authorization of the members of the Government responsible for the areas of finance and national defence.
Article 12 waiver of fees the contracts of implementation of this law shall be exempt from fees payable by the Court of Auditors.
Article 13 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 this law.
CHAPTER II fiscal Provisions article 14 1 budget Principles-the revenue generated, directly or indirectly, for the infrastructure management are allocated for the implementation of this law, by joint decree of the Government officials responsible for the area of finance and national defence. 2-verified balances in each measure at the end of each financial year shall be carried over automatically to the following year's budget, to strengthening of appropriations of the same measures to the full your execution. 8 3-it is up to the Member of Government responsible for national defence, by order, determine the allocation of revenues earmarked for the implementation of this law under the conditions laid down in paragraph 1 by the programs listed in the map annex, and may include a specific programme revenues, taking into account the provisions of paragraph 2 of article 2, as well as the strengthening of the military pension fund of the armed forces.
Article 15 relation to the State budget the law approving the State budget annually translate revenues and expenses provided for in this law.
Article 16 1 Finance-expenditure arising from the implementation of this law shall be financed by all the revenue generated, directly or indirectly, with the sale and monetization of assets, in accordance with the procedure laid down therein, without prejudice to recourse to other sources of national, Community financing or deriving from the participation of Portugal in international organizations. 2-the annual charge for each one of the projects can, subject to the approval of the Member of Government responsible for 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 fiscal burden be each year, higher than the sum of the amounts set out in this law. 3-for the purposes of paragraph 1 are indirect revenues, in particular those resulting from the execution of related operations or following the process of alienation and monetization of assets. 9 Article 17 budget Amendments 1-Compete to Parliament the budget changes consisting of an increase in total expenditure of each program, except as provided in the following paragraph. 2-Are the responsibility of the Member of Government responsible for national defence other amendments, in particular transfers of funds:) Between projects with the same title and chapter, and if it stays its functional classification; b) Between the various measures, projects or activities in the same project; c) arising from transfers of a management company of a program or measure to other entities, or the succession of the first skills; d) in favour of the heading for the strengthening of the military pension fund of the armed forces.
CHAPTER II Duration, reviewing and implementing article 18 duration 1-this law is in force for a period of two 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 is given the forecast of the years and the corresponding costs until their conclusion. 10
Article 19 Revisions 1-this law is ordinarily reviewed in odd-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. 4-the first revision of this law will occur in 2011.
Article 20 Preparation and presentation of the draft law review 1-measures to consider in reviews of this law, divided into projects or activities contain obligatorily 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.
Article 21 Monitoring by the Assembly of the Republic 1-the Government submits to Parliament before the end of September 11 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 provided for in this law.
CHAPTER III final provisions article 22 Other acts of infrastructure management the management of infrastructure in accordance with the provisions of this law shall be without prejudice to any other Administration Act or provision as to the goods which are not provided for under the legislation applicable to them.
Article 23 measures listed subsidiary Regime in this Act apply in the alternative, unless otherwise specified: a) budgetary budgetary rules of multiannual programmes; b) infrastructure management, decree-laws Nos 32/99, of 5 February, 196/2001, of 29 June and 280/2007 of 7 August.
Article 24 Inventory of assets of the public domain 1-in the period between each revision of this law, the Ministry of national defence, through the Directorate-General for infrastructure, promotes the inventorying of assets of 12 public domain assigned to the Ministry of national defense that can be profitable, either by alienation, either, without prejudice to your full use for the purposes to which they are assigned by your lease. 2-the inventory provided for in the preceding paragraph is always given to the Ministry of finance and public administration for the purpose of organizing and updating the General inventory of real estate in the State.
Article 25 entry into force this law shall enter into force on the day following your publication.
Article 26 final provisions the provisions of this Law shall not affect the implementation of programmes relating to infrastructure contained in the law on Military Programming, investment projects financed by the programme of investment and development expenditure of the Central Government, as well as those whose military funding infrastructure connected with Portugal's participation in international organizations.
Seen and approved by the Council of Ministers of 31 January 2008 the Prime Minister, the Minister of Parliamentary Affairs Minister Presidency
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