Fixing The Means To Ensure The Financing Of Reconstruction And Support Initiatives In The Autonomous Region Of Madeira Following The Storm Of February 2010

Original Language Title: Fixa os meios que asseguram o financiamento das iniciativas de apoio e reconstrução na Região Autónoma da Madeira na sequência da intempérie de Fevereiro de 2010

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c31684a4c33526c6548527663793977634777794e4331595353356b62324d3d&fich=ppl24-XI.doc&Inline=false

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 24/XI/1st 1 explanatory memorandum the effects of weathering occurring in the Madeira autonomous region set up a national emergency situation and not just the region. This right was recognized in the Decree No. 4482/2010, of 10 March, the Prime Minister, in which the Government ensured the permanent provision of aid through the means of emergency, in particular civil protection services and national defence. Similarly, the Government, following the theme by scheduling himself promoted at the meeting of the General Affairs Council of Ministers, which took place in Brussels in the day February 22, 2010 began, immediately, in conjunction with the Regional Government, the procedures for the operation of the European Union Solidarity Fund. On the other hand, in cooperation with the Regional Government, the Government has initiated steps to using the special line of funding from the European Investment Bank (EIB), for infrastructure reconstruction, and triggered the procedures necessary to support the development of a line of credit, short-term, to help traders affected, with a view to the immediate recovery of installations and replacement of stocks.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 24/XI/1st 2 However, was appointed a Joint Committee, with representatives of the Government and the Regional Government, to assess the damage, investigate their financial dimension and propose actions to help the victims of the storm, the private sector and reconstruction of infrastructure. The Commission, in the report presented in April, valued at € 1080 million overall cost of reconstruction until 2013. Thus, it has been proposed that the financial burden-sharing between the Government and the autonomous region, ensuring the Government budget of € 740 Million through the following sources of funding: the State budget) transfer to the autonomous region of Madeira, in the amount of € 200 Million; b) Reallocation of the Cohesion Fund, with resources for the strengthening of the autonomous region of Madeira, on the importance of € 265 Million; c) loan from the European Investment Bank (EIB), in the amount of € 250 Million; d) Redeployment of funds from Program investments and Central Government development expenditure (PIDDAC), provided for in the State budget for the autonomous region of Madeira, in the amount in € 25 Million, including funds from the Institute of housing and PIDDAC urban regeneration (DGEMN), for the implementation of aid in the area of housing, and the Institute of PIDDAC support for SMEs (IAPMEI) to the gross weight of a credit line. The remaining € 340 Million are provided by the Regional Government, municipalities, donations and other private financings, as well as the European Union Solidarity Fund.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 24/XI/1st 3 the Commission states that, having regard to the accounting of losses includes regional and local public bodies, the implementation of the financing of local authorities should be pursued through the instruments of cooperation between the Government of the region and the municipalities it hosted. In this context, this proposal of law approving the extraordinary financial resources to be allocated to the region in the period from 2010 to 2013, within the framework of the partnership between the Government of the Republic and the Regional Government of Madeira. Thus, this law contains the rules necessary to regulate specific sources of funding proposed by the Joint Committee. This law also includes regulations that establish exceptional arrangements in respect of debt limits, public procurement, expropriations and exemption from Municipal property tax (IMI). The Government and the Regional Government have agreed even on temporary suspension of some provisions of the Finance Law of the autonomous regions, introduced by Law No. 1/2010, of 29 March, whose continuation in force would disrupt the integral application of this extraordinary financing law, going back, therefore, to take effect in its original version, and by period of validity defined for this law , the corresponding provisions of organic law No. 1/2007, of 19 February. Were heard the Government organs of the autonomous regions. So: PRESIDENCY of the COUNCIL of MINISTERS draft law No. 24/XI/1st 4 pursuant to d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: chapter I objective and scope Article 1 subject-matter this law lays down the exceptional regime of extraordinary financial resources available to the autonomous region of Madeira to within a framework of cooperation between the Government and the Regional Government and face a situation of national emergency, to carry out the reconstruction of areas affected by the storm that occurred in the region. Article 2 Scope 1-The extraordinary financial resources that the autonomous region of Madeira has, pursuant to this law, are intended for the reconstruction of damaged infrastructure and the private sector support and aid to the victims of the bad weather. 2-fall under the preceding paragraph, the financial resources intended to intervene, in particular in the following areas:) Roads, aimed at the recovery and the restoration of communications and works of art;



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 24/XI/1st 5 b) hydrology, in order to stabilize the main water courses and preventive measures of new situations of abnormal rainfall intensities and maritime agitation; c) sanitation and electricity Networks, with a view to reconstruction of water supply networks, electricity and sanitation; d) housing, aiming at the reconstruction of damaged dwellings and the relocation of the families whose homes were destroyed; and) economic activities, with a view to the recovery of commercial establishments and the replacement of stocks; f) ports and coastal infrastructure, aiming at the reconstruction of damaged infrastructure and restoring the mouth of the affected water courses, including the recovery of the port of Funchal and the replacement of infrastructure on the coast, as well as the prevention of the effects of the waves on the coast and on the port infrastructure. Chapter II financing and indebtedness limits article 3 Government subsidy scheme the Government reimbursement, with a total value of € 740 Million, achieved through: a) Transfers from the State budget; b) strengthening of cohesion fund resources allocated to the autonomous region of Madeira;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 24/XI/1st 6 c) line of credit from the European Investment Bank (EIB); d) investment programme funds and Central Government development expenditure (PIDDAC). Article 4 the State budget Transfers 1-the autonomous region of Madeira is entitled, throughout the period of validity of the present law, extraordinary transfers from the State budget in the total amount of € 200 million, run as follows: a) € 50 million in 2010; b) € 50 million in 2011; c) € 50 million in 2012; d) € 50 million in 2013. 2-the transfers referred to in the preceding paragraph may be aimed at the strengthening of financial funds available in the autonomous region of Madeira. 3-the transfers referred to in paragraph 1 can be anticipated in the light of the specific needs of reconstruction, by order of the Member of Government responsible for the area of finance.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 24/XI/1st 7 article 5 strengthening of cohesion fund appropriations provided for in the Cohesion Fund for the autonomous region of Madeira, are enhanced to € 265 Million, by reprogramming operational programmes. Article 6 Financing through the European Investment Bank 1-the Government ensures to the benefit of the autonomous region of Madeira, during the term of the present law, a special line of funding from the European Investment Bank, in the amount of € 250 Million, with the following annual limits: a) 62,5 million € 2010; b) € 62,5 million in 2011; c) € 62,5 million in 2012; d) € 62,5 million in 2013. 2-the transfers referred to in the preceding paragraph may be anticipated in the light of the specific needs of reconstruction, by order of the Member of Government responsible for the area of finance. Article 7 the PIDDAC 1-The PIDDAC funds, provided for in the State budget for the autonomous region of Madeira, are reinforced in the amount of € 25 Million.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 24/XI/1st


8-2 the amount referred to in the preceding paragraph includes PIDDAC funds of the Institute of housing and Urban Rehabilitation, I.P. (DGEMN) worth € 15 million for the implementation of aid in the area of housing, and the Institute of PIDDAC support for SMEs (IAPMEI), to the gross weight of a credit line in the amount of € 10 Million. Article 8 other sources of financing 1-the budget of the autonomous region of Madeira and municipal budgets, in conjunction with the regional operational programmes and with private funding, they rebuild with a total value of € 340 Million. 2-the Government ensures the candidacy to the European Union Solidarity Fund, in benefit of the autonomous region of Madeira. Article 9 liability of municipalities projects reconstruction initiatives to be carried out by the municipalities of the autonomous region of Madeira are financed, among other sources of funding, through Community funds, loans and contributions from the regional budget, allocated through programme contracts to be concluded between the Regional Government and local authorities. Article 10 1-debt thresholds exceptions from the rule of zero net debt net debt increases up to the following ceilings: PRESIDENCY of the COUNCIL of MINISTERS draft law No. 24/XI/1st 9 a) € 75 million in 2010; b) € 75 million in 2011; c) € 25 million in 2012; d) € 25 million in 2013. 2-exceptions to the rule of zero net debt loans intended for the financing of projects with reimbursement of Community funds under the responsibility of regional and local administration, which in addition to net debt ceilings laid down in points (a) of the preceding paragraph, upon order of the Member of Government responsible for the area of finance. Article 11 Amendments and budget transfers 1-the Government can carry out, during the period of validity of the present law, all budgetary changes and transfers of resources necessary for the full implementation of the law, by order of the Member of Government responsible for the area of finance. 2-the provisions of the preceding paragraph includes all the budgetary changes consisting in the inclusion of new programs or an increase in total expenditure of each programme, as well as transfers of money between different programs, in particular when they involve changes in the functional classification. 3-also included in paragraph 1, the changes in the budget of the integrated services, consisting of an increase in the total amount of each title or chapter or functional in nature, and transfers of funds between different titles and chapters or functional in nature.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 24/XI/1st 10 4-Include even in paragraph 1, the amendments of the budget of the autonomous services and funds, consisting of an increase in the overall amount of expenditure for each service or independent fund or the costs of each service or independent fund earmarked for a line of functional classification, and transfers of funds in the budget of each service or independent fund consisting of shipments of functional nature.

Chapter III housing Aid article 12 extraordinary Support to housing 1-promoting interventions in the area of housing, referred to in subparagraph (d)) of paragraph 2 of article 2, are achieved through the granting of funding under the PROHABITA-financing program for access to housing, regulated by Decree-Law No. 135/2004, of June 3 , as amended by Decree-Law No. 54/2007, of 12 March, further abbreviated designated by PROHABITA Program. 2-collaboration agreements to be concluded under the PROHABITA Programme shall apply the provisions laid down in the following article.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 24/XI/1st 11 3-grant funding under this law and other financial and tax benefits applicable to real estate rehabilitation contracts having as their object the execution of works in the rooms and their ancillary parts, and may include the restoration of walls and pedestrian access , up to a maximum of funding applicable to those. 4-Are excepcionados the provisions of paragraph 2 of article 39 of law No. 2/2007, of 15 January, loans and depreciation related to funding provided under the provisions of this article. Article 13 Statement of support for housing 1-agreements provided for in the preceding article may be concluded between the DGEMN, i. p., the HMI-wood Housing Investments, and p. e. (HMI, E.P.E.) and the territorially competent municipalities, since they are required for rehabilitation of housing interventions totally or partially destroyed by the storm of February 20 of 2010 and the definitive people and housing affected households. 2-The collaboration agreements are approved by the Member of Government responsible for housing area upon proposal from the DGEMN, i. p., and have a term of validity from the date of signing and the expiry of this law, without prejudice to the continuation, in the case of procurement of dwellings or of works still ongoing only to the extent necessary for the completion of same.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 24/XI/1st 12 3-the statement of collaboration agreements is the responsibility of the HMI, and p. e., and takes into account the elements contained in the report approved by this and by the DGEMN, i. p., and should contain, in particular: a) The particulars of the households covered; b) definitive solutions to their housing needs; c) the maximum values of the necessary funding for this purpose. 4-are considered poor, for any of the purposes set out in the PROHABITA Program, households covered by the survey underlying the report referred to in paragraph 1 shall not apply the provisions of subparagraph (d)) of paragraph 1 of article 3 of Decree-Law No. 135/2004, of 3 June, amended by Decree-Law No. 54/2007, of 12 March, competing to IHM , And p. e., and the competent municipality to adopt the most appropriate accommodation solutions according to the characteristics of each situation and the household, since those are previously accepted by the DGEMN, I. P. 5-Without prejudice to its consideration under the collaboration agreements, financing the rehabilitation of dwellings can be granted directly to households, under the conditions laid down in article 23 G of Decree-Law No. 135/2004 , of 3 June, amended by Decree-Law No. 54/2007, of 12 March, competing to HMI, and p. e., coordination of the processes of these households and their dispatch to the DGEMN, i. p., for assessment and hiring.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 24/XI/1st 13 article 14 special tax benefits 1-during the term of this law are exempted from municipal property tax (IMI) public authorities in relation to business buildings or part of buildings which are directly and exclusively to the promotion of social housing. 2-the exemption referred to in the preceding paragraph there is from the year in which the building or part of building is assigned to the purposes mentioned therein.

Chapter IV procurement procedures and the special expropriation article 15 direct adjustment procedure 1-Without prejudice to respect for the principles of transparency, equality and competition, may adopt the direct procedure for the award of public works contracts, acquisition of movable property and procurement contracts under this law , provided that the value of the contract is less than the value referred to, as appropriate, in paragraph 1 (b)) or c) article 7(a) of Directive 2004/18 Nr./CE, of the European Parliament and of the Council of 31 March, and the decision to hire will be taken until 31 December 2010. 2-direct award procedures adopted pursuant to paragraph 1, the contracting authority must invite at least five separate entities for the submission of tenders.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 24/XI/1st


14 article 16 urgent public tender procedure 1-Without prejudice to the provisions of the preceding article, may adopt the urgent public tender procedure for the award of public works contracts, acquisition of movable property and procurement contracts under this law, provided that the value of the contract is less than the value referred to as appropriate, in paragraph 1 (b)) or c) article 7(a) of Directive 2004/18 Nr./CE, of the European Parliament and of the Council of 31 March, and the award criterion is the lowest price. 2-Notwithstanding the provisions of paragraph 2 of article 156 of the code of public contracts (CCP), the successful tenderer is required to provide a bond pursuant to articles 88 to 91 of the CCP. Article 17 contracting entities Are covered by the exceptional regime of public procurement set out in the previous articles, the contracting authorities referred to in article 2 of the CCP. Article 18 subsidiary Application of the public procurement code 1-everything that is not specifically provided for in articles 15 and 16 of this law, shall apply on a supplementary basis, and mutatis mutandis, the provisions of the public procurement code.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 24/XI/1st 15 2-where in the public procurement code to be made references to the values set out in articles 19 and 20 of the same code, shall, as regards the formation of public procurement procedures referred to in articles 15 and 16 of this law, that these references are made to the values referred to in paragraph 1 of article 15 and paragraph 1 of article 16 of the This Act, according to the procedure in question. Article 19 the special expropriation 1-during the term of this law, public authorities in the autonomous region of Madeira with competences in the areas of land use planning, public works, the accessibility and communications can take immediate administrative goods to meet the needs arising from the storm of February 20 2010, since falling under article 2 with exemption from any prior formality, no more steps the Expropriations code, with regard to the fixing of compensation in litigation. 2-during the term of this law, the admission of any judicial proceedings relating to the expropriativo procedure does not have suspensory effect.





PRESIDENCY of the COUNCIL of MINISTERS draft law No. 24/XI/1st 16 chapter V final provisions article 20 Suspension and replacement of 1-is suspended during the period in which this law applies:) the term of articles 18, 22, 26, 29, 30, 35, 41, 42, 43, 44, 49, 51, 56, 58, 62, 66, 68 and 74 of the organic law No. 1/2007 , February 19, in the drafting and renumbering conferred by Law No. 1/2010, 29 March; b) the term of the article 4 of the organic law No. 1/2010 of 29 March. 2-are reset in force during the period in which this law applies, articles 15, 19, 25, 30, 32, 37, 38, 39, 44, 49, 51, 55 and 59 of Law No. 1/2007, of February 19, in wording and numbering from. Article 21 entry into force and effect to this law shall enter into force on the day following that of its publication and retroactive effect to the day 20 February 2010.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 24/XI/1st 17 article 22 Term of validity this law in force until 31 December 2013.

Seen and approved by the Council of Ministers of 6 May 2010 the Prime Minister the Minister of Parliamentary Affairs Minister Presidency