Key Benefits:
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PROPOSED LAW NO. 196 /X
Exhibition of Motives
The Government Programme provides for, in Chapter V, Part II (National Defence), item 5, that
matter to proceed to " (...) requalification of the infrastructures, so as to ensure compliance with the
missions of the Armed Forces, notably its presence in joint military missions in the framework of the
NATO and the European Union ".
For the purpose is provided for "approval of a Military Infrastructure Programming Act" .
The reasons for being of such a determination are well known. In fact, the professionalisation
of the Armed Forces (need for lower capacity for accommodation and food but
with higher quality) on the one hand, and the adoption of a new model of the organisation of the
superior structure of the same on the other, determine the need to suit the park
real estate and military infrastructure.
It cannot yet fail to take into account that the acquisition of new equipment, more
appropriate to a logic of projection of forces, they also determine the suitability of the
infrastructures that must support them.
In short, it matters to engage in a process that as per military infrastructure with the
needs resulting from the approved forces system, the investment priorities of the
Military Programming Law (LPM) and still the suitability of them to the Concept
Strategic National Defense.
The investment in military infrastructure within the framework of the Program Act of
Military Infrastructure (LPIM) will be funded fully through the profitability of the
heritage currently allocated to National Defence, be it by divesture or other forms of
profitability of deprivattic cariz or by profitability by keeping the goods in the domain
public of the State.
Flexible means of profitability are provided, so as to extract maximum income
possible of the existing infrastructures.
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The programming is multiannual, covering a period of 12 years, finite which the adaptation
must be complete. This allows to guarantee a continuous flow of revenues and the capacity of
implementation of the projects, by order of priority.
It is further provided for the recapitalisation of the Pension Fund of the Armed Forces of the Armed Forces,
in the fulfillment of the obligations assumed by the State in that matter.
Thus:
Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following proposal for a law:
CHAPTER I
Planning of management of military infrastructure
SECTION I
General arrangement
Article 1.
Subject
1-A This Law shall have the object of the scheduling of management of real estate allocated to Defence
National with a view to the implementation of the results obtained in the financing of the
activities in it.
2-Real estate covered by the provisions of this Law shall be those provided for in decree
regulatory to be approved by the Government.
3-In addition to the real estate referred to in the preceding paragraph, all the above may still be covered
that, by joint dispatch of the members of the Government responsible for the areas of
Finance and National Defence, will also come to be made available.
4-For the purpose of issuance of the order referred to in the preceding paragraph, the member of the
Government responsible for the National Defence area listens to the competent bodies of the
Armed forces.
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5-The acts of administration and disposition of the immovable property referred to in paragraphs 2 and 3
governed by the provisions of this Law.
SECTION II
Implementation of the programme
Article 2.
Map of measures
1-Global measures and allocations for each economic year are those listed in the map
annex to this Law.
2-The measures are grouped by degrees of priority of the respective implementation.
Article 3.
Modalities of management
The management of real estate allocated to the National Defence covered by this Law shall be made
upon their alienation or other forms of profitability.
Article 4.
The situation of infrastructure after it is made available
1-Real estate integrated into the regulatory decree referred to in Article 1 (2) shall be
subjected, with respect, in particular, by the provisions of this Law, to the regime of
management provided for in Decree-Law No 280/2007 of August 7.
2-To the competent entity for the management of the real estate provided for in the Decree-Law
n. 280/2007, of August 7 it is incumbent to practise all necessary acts to the definition of the
registral situation of the real estate.
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Article 5.
Misallocation of the public domain
1-When the immovable property listed in the regulatory decree referred to in paragraph 2 of the
article 1 are integrated into the public domain affection to the Ministry of Defence
National, it is incumbent on the members of the Government responsible for the areas of Finance and
of the National Defence, upon dispatch, proceed to its misallocation.
2-The disaffected infrastructures of the public domain affection to the Ministry of Defence
National go on to integrate the available private domain of the state, its being
management carried out pursuant to the terms set out in Decree-Law No. 280/2007 of August 7.
3-Should immovable property of the public domain be subject to other regimes of
dominiality, in addition to the military, the competence provided for in paragraph 1 is extendable to the
members of the Government responsible for the respective areas.
Article 6.
Profitability operations
1-Real estate profitability operations will accrate the needs arising from the
constant investment programme of this Law.
2-A The instruction of the procedures relating to the operations of the profitability of real estate is
carried out under the law and according to the tasks and competences legally
defined.
3-Without prejudice to the provisions of the preceding paragraph, the decision on concrete operations and
profitability models is always the subject of joint dispatch of the members of the
Government responsible for the areas of Finance and National Defence.
4-Should the Ministries of Finance and the Public Administration and National Defence
celebrate the necessary agreements to the appropriate articulation with one another with a view to the good
implementation of this Law.
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Article 7.
Criteria for management of infrastructure
1-The timing of the practice of acts of administration or disposition of the goods shall be
chosen so as to maximize the harnessing of the advantages to be carried out.
2-For the purposes of the practice of acts of administration or provision, the infrastructures
provided for in the regulatory decree referred to in Article 1 (2).
preferentially integrated in batches.
3-The lots provided for in the preceding paragraph may be composed according to criteria
geographical, of type or usefulness of the goods, or others that prove to be appropriate, but
always without prejudice to the balance of revenue to be obtained through each lot.
Article 8.
Means of management
The management of infrastructure is done through the following means:
a) Alienation;
b) Tenancy;
c) Constitution of minor royal rights;
d) Granting of deprivative use of the public domain;
e) Permute;
f) Partnerships with real estate promoters;
g) Securitisation of real estate assets through the constitution of funds of
real estate investment;
h) Sales operations with the possibility of maintenance of the costly use of the
goods;
i) Any other appropriate legal instruments for the purposes to be pursued through
of this Law.
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Article 9.
Grant of public domain affection for National Defence
1-A The granting of public domain goods allocated to the National Defence constants of the
regulatory decree referred to in Article 1 (2) is preceded by procedure
to respect the fundamental principles of administrative contracting, guarantee the
respect of the competition and maximize the advantages for the State.
2-Of the contract referred to in the preceding paragraph shall be obligatorily the deadline of the
grant, the amounts due by the concessionaire, the technical and legal conditions
and the penalty regime, including the assumptions of the rescue and the abduction of the
concession, particularly those relating to the compatibilization of the concession with the
military use of the building and the terms of the prior authorization for the transmission of the
right.
3-They may be subject to the regime of the goods set out in the regulatory decree to which
refers to Article 1 (2) any others who, by joint order of the members
of the Government responsible for the areas of Finance and National Defence come
also to be made available.
4-For the purpose of dispatching referred to in the preceding paragraph, the Member of the Government
responsible for the area of National Defence listens to the competent organs of the Forces
Armed.
Article 10.
Airspace and subsoil
1-Can be granted, in the terms provided for in the preceding article, the space
air and the subsoil corresponding to the military public domain goods, from the
height or depth that does not put into question the military allocation of those and the
security of people and goods.
2-Without prejudice to the provisions of the preceding Article, the concession provided for in this Article
depends on the prior approval of the project, by dispatch of the member of the Government
responsible for the area of National Defence, heard the Council of Heads.
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Article 11.
Acts of disposition and extraordinary administration
All acts of disposition and extraordinary administration of infrastructure lack
of permission of the members of the Government responsible for the areas of Finance and the
National Defense.
Article 12.
Exemption from emoluments
Contracts for the implementation of this Law shall be free of emoluments due by the visa
of the Court of Auditors.
Article 13.
Costs of measures
The costs of the measures evidenced in the attached map are expressed at constant prices, by
reference to the year of the revision of this Law.
CHAPTER II
Budgetary provisions
Article 14.
Budgetary principles
1-The revenue generated, directly or indirectly, by the management of infrastructure are
affects to the implementation of this Law by dispatching joint members of the
Government responsible for the area of Finance and National Defence.
2-The balances verified in each measure at the end of each economic year transitions
automatically for the budget of the following year, for the enhancement of appropriations of the
same measures until their complete execution.
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3-It is up to the member of the Government responsible for the area of National Defence, by dispatching,
determine the allocation of revenue allocated to the implementation of this Law in the terms
provided for in paragraph 1 by the programmes set out in the attached map, and may consignment
revenue to a specific programme, taking into account the provisions of Article 2 (2),
as well as strengthening the Pension Fund of the Armed Forces Military.
Article 15.
Relation to the State Budget
The law approving the State Budget annually translates the revenue and expenditure
provided for in this Law.
Article 16.
Funding
1-The expenditure arising from the implementation of this Law shall be financed by the whole of
revenue generated, directly or indirectly, with the divestment and profitability of
heritage, pursuant to it provided for, without prejudice to the appeal to other sources of
national, community financing or arising from the participation of Portugal in
international organizations.
2-The annual charge relating to each of the projects may, upon approval of the
member of the Government responsible for the area of National Defence, be exceeded up to one
amount not exceeding 30% of the respective value entered for the year in question, since
that it does not make it impossible to implement other measures, and may not in any case the
total budgetary burden being, in each year, higher than the sum of the respective
values set out in this Law.
3-For the purposes of paragraph 1 shall be indirect revenue, in particular, those arising from the
performance of related or subsequent operations to the divest-tion process and
profitability of heritage.
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Article 17.
Budget amendments
1-Compeeve to the Assembly of the Republic the budgetary changes consisting of a
increase in the total amount of expenditure of each programme, save the provisions of the
the following number.
2-It is the competence of the member of the Government responsible for the area of National Defence
the remaining changes, namely transfers of monies:
a) Between projects, provided that with the same title and chapter and if you hold the
respective functional classification;
b) Among the various measures, projects or activities in a same project;
c) Arising from the transfers of the competences of a managing entity of a
program or measure for other entities, or of the succession of these in the
competences of the first;
d) In favour of the heading aimed at strengthening the Pension Fund of the Military of the
Armed forces.
CHAPTER II
Effective, review and implementation
Article 18.
Period of duration
1-A present law beigns for a period of two sexes, without prejudice to the commitments
assumed by the state to exceed that period.
2-For measures whose financing will eventually exceed the period fixed in the number
previous is indicated the forecast of the years and the corresponding costs up to the respective
completion.
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Article 19.
Reviews
1-A present law is ordinarily revised in the odd years.
2-The revisions referred to in the preceding paragraph may, in case the national interest o
advise, cancel and amend the measures entered into, affect the respective balances to others,
as well as enrolling new measures.
3-The measures the implementation of which has deviated significantly from the planned, or which does not
have been executed within the target period, are compulsorily reassessed at the time
of the revisions referred to in paragraph 1.
4-A The first review of this Law will occur in 2011.
Article 20.
Preparation and submission of the proposal for revision law
1-The measures to be considered in the revisions to this Law, divided into projects or
activities necessarily contain the timing of the respective implementation, well
as appropriate description and justification.
2-In each measure are still, where appropriate, the costs inherent in the
maintenance of the subject goods.
3-In the presentation of the projects or activities are indicated the predictions of addition
or decrease of annual costs of normal operation, arising from the implementation of the
measures and with effect on their respective budgets.
4-The Government presents to the Assembly of the Republic, together with the proposed law of
review, the financing plan of the resulting measures.
Article 21.
Monitoring by the Assembly of the Republic
1-The Government submits to the Assembly of the Republic, by the end of the month of September of
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each year, a report that appears in the detailing of the appropriations relating to
each measure, of the contracts made in the previous year and the future responsibilities
of them resulting, as well as all the necessary information to the control of the execution of the
present law.
2-The Minister of National Defence annually informs the Assembly of the Republic on the
implementation of all the measures contained in this Law.
CHAPTER III
Final provisions
Article 22.
Other acts of infrastructure management
The management of infrastructure pursuant to this Law shall be without prejudice to any other act
of administration or disposition as to the goods that are not provided therein, in the terms
of the legislation that is applicable to them.
Article 23.
Subsidiary regime
The measures entered into in this Law shall apply in a subsidiary, except as a provision in
contrary:
a) In budgetary matters, the budgetary rules of the multiannual programmes;
b) In matters of infrastructure management, the Decrees-Laws 32/99, 5 of
February, 196/2001, of June 29 and 280/2007, of August 7.
Article 24.
Inventorisation of the goods of the public domain
1-In the period between each revision of this Law, the Ministry of National Defence, through
of the Directorate General of Infrastructure, promotes the inventorisation of the goods of the field
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public affection to the Ministry of National Defence that are liable to profitability,
either through disposal, or, without prejudice to its full use for the purposes to which
are affections, by its concession.
2-A The planned inventory in the preceding paragraph is always given to know the Ministry
of Finance and Public Administration for the purpose of organizing and updating
of the general inventory of the real estate of the State.
Article 25.
Entry into force
This Law shall come into force on the day following that of its publication.
Article 26.
Final Provisions
The provisions of this Law shall be without prejudice to the implementation of the programmes relating to
infrastructure constants of the Military Programming Act, of investment projects
funded by the Investment and Expenditure Development Program of the
Central Administration and, as well, of those whose funding in respect of
military infrastructure is related to the participation of Portugal in organizations
international.
Seen and approved in Council of Ministers of January 31, 2008
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs