Repeals Decree-Law No. 188/2008 Of 23 September, Which Introduced Changes In The Bases Of The Contract Granting The Right To Exploit, In Public Service, The Port Terminal Of Alcantara

Original Language Title: Revoga o Decreto-Lei n.º 188/2008, de 23 de Setembro, que introduziu alterações nas bases do contrato de concessão do direito de exploração, em regime de serviço público, do terminal portuário de Alcântara

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c31684a4c33526c6548527663793977616d77324d7931595353356b62324d3d&fich=pjl63-XI.doc&Inline=false

DRAFT law No 63/1 ° 11TH DRAFT LAW N° 63/XI. Repealing Decree-Law No. 188/2008 Â, 23 September, which INTRODUCED CHANGES ‡ is • ES in the BASES of the GRANT CONTRACT ƒ the OPERATING LAW ‡ is ƒ, in the ‡ SERVICE š PORT TERMINAL public  ALCà ‚ NTARA RIVER exhibition grounds the Decree-Law No. 287/84. , 23 August came to authorize the administration of the port of Lisbon â € œ the contract with company after ³ s public competition, the grant of the right of exploitation in public service of a container terminal in the installation are port of µ s ¢ ntara Sulâ Alcà € , being the â € œ grant awarded after ³ s homologaà in Council of Ministers. â €  Stipulated that diploma still the term of lease is 20 years, and inventory management through new contract, establish a new regime of exploitation by one or more of 5 years odos perÃ.

The Decree-Law No. 298/93 Â, of 28 August 1993 came to establish the jurà regime dico of µ s port operation, providing for the award of public service, which carried out should go through the adjudicaà by public contest, in µ s condition and specifications drawn up by the port authorities and of sectoral ministers in accordance with the General bases of µ s grant established by decree-law.

For its part, the Decree-Law No. 324/94 Â, of 30 December came â € œ laying the foundations of the µ s grant of public service of movement of loads on piers and port terminals, as provided for in Decree-Law No. 298/93 Â, August 28, 2 determining in its 13th Base â € œ the contract is granted for specified period not exceeding 30 anosâ € .

However, the Decree-Law n° 188/2008 Â, 23 September, by changing the bases of the grant of the right of exploitation in public service, port terminal to Alcà ¢ ntara, specifically the 12TH base, determined that the grant vigorarà to 31 December 2042.

The Court of Auditors says in his Report ³ rio de September 27 2007, ° 23/2007-2⪠section, audits at µ s Port Management are on his page 8 â € œ the APL-administration of the port of Lisbon, wool der in containerized general cargo, features and available in the available installed capacity open , for possible growth of the movement of containers ' €  Warned the Court of Auditors in the same report to the river € ³ œ 30 years limit imposed by leiâ €  and to the need to comply, noting that no law enforcement is € œ to benefà opponent â cios of free competition because they close the market for perà odos longosâ € -time too.

And yet, to the fact that the national movement capacity of container cargo level available in the be 10,395,000 additional Tonnes, which, knowing that the movement in 2006 was $5,198,000 Tons in Lisbon leads to the conclusion that the capacity available in the national excedentà level is greater than 50%.

Add to that the APSS-inventory management, Port of setãºbal and Sesimbra, Lisbon neighbor has used only 5% of its capacity on the containerised cargo, and that the port of Sines received high investment, allegedly in connection with the intention of capturing container cargo to that port.

3 However came the Government ensure the â € œ legality of the lease until 2042 Alcà containers terminal ¢ ntara is Liscont⠝ €, with the justificaà of â € œ not be concerned the celebration of new contratoâ €  to achieve a prorrogaà for 27 years, from which it follows that the duration of the lease will be like that of 57 years without the existence of a public contest.

The draft New Alcà ¢ ntara announced last April by the Government provides th among other works the burial the belt line and the construction of a single station with underground access neo, the binding of that row is Cascais line through a° nel, interligaà the Lisbon Metro and works to make the TCA a deep-sea port and the creation of the area of docking and operation of barcaÃ, ensuring the Government in its submission that all will be the concluà until 2013.

It was underlined in the parliamentary initiative the strangeness of this urgà at the extension of a lease is in default of the most elementary rules and µ s completion of the Court of Auditors, the zo zone prejuà with the creation of a wall intransponÃ, when the next President of APL itself ³-administration of the port of Lisbon in a seminar in Brussels quoted by social communication in October meant that â €  the biggest problem at the port of Lisbon is not of capability, but acessibilidadesâ € , stating that the new lease agreement with the Liscont would be signed this month.

The Appreciation of the PSD Parliamentary as well as that of the CFP, and the draft law of the PSD to backdate the cessaà of effects on the entire duration of the Decree-Law n° 188/2008 of 23 September, would be rejected by the Socialist majority with other than a Congressman.

Subsequently, the Court of Auditors refer in your Report audit dated River ³ 21 July 2009-and referring to the grant contract concluded however by the administration of the port of Lisbon (APL) extending the grant is Liscont Container Terminal Alcà ¢ ntara (TCA)-â € œ not materialising or a good business cio ³ 4 not a good example, for the Public Sector, in terms of good financial management and adequate protection of the public interest blicosâ € .

The Financial Controller itself ³ Ministry stated that «the risk of undermining the image and the financial situation of the Grantor, for having granted µ s condition too generous and costly to him, increases in the current climate of crisis. The unavailability of private financing for PPPs, preference would not resume the public investment in PIDDAC regime, than perpetuate the current µ s onerous conditions. », as the quote referred to ³ River report of the Court of Auditors.

The estatà official statistics of container movement does not help to justify the hasty decision: â € œ In 2008 the container movement down to the level of 2002. In 2009, in the first quarter, the Terminal lost both main lines of navigation that served the port-the CSAV Norasia and CMA-CMG/Evergreen. Portugal and the world suffer an international crisis that has dragged on since 2007. The estatà official statistics the first 7 months of the year of 2009 show breaks compared to the previous year. Is so incompreensà ‰ vel in the eyes of all the justificaà of the prorrogaà of the rushing of grant by the Government, based on questionable studies who bet on increase of movement expected. â €  whereas it maintains current all the basics of credit previously invoked and in practice are ntese this agreement does not serve the public interest , matters proceed to certificate revocation, with retroactive effectiveness of Decree-Law No 188/2008 of 23 September.
5 thus, in constitutional terms and regulations applicable, the undersigned, Members of the parliamentary group of the Social Democratic Party, present the following draft law: Article 1. º revogatà ³ Standard is ‰ revoked Decree-Law No. 188/2008 Â, of 23 September.

Article 2. Â º entry into force on the day following that of its publication and shall be effective from the dates of entry into force of Decree-Law n° 188/2008 '.
Potala s. Benedict, _ _ _ November 2009 (s) member (s) of the GP-PSD,