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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