Presidência do Conselho de Ministros (Presidency of the Council of Ministers)
Resolution
The State Budget for 2010, approved by Law number 3-B/2010, of 28 April, includes a compensation payment appropriation for public service providers, the allocation of which must be now defined, under article 32 of Decree-Law number 72-A/2010, of 18 June.
This allocation takes into consideration legal systems, as well as actual commitments arising from concession contracts and agreements entered into by the State, concerning the public service provision, in force for the current year, namely the agreement for financial restructure of the concessionaire of the public radio and television service, signed by the State and Rádio e Televisão de Portugal, S. A., on 22 September 2003.
Therefore:
Pursuant to point g) of article 199 of the Constitution, the Council of Ministers hereby decides:
1 - To approve, for the current year, the allocation of compensation payments per company, according to amounts in annex i hereto, which is deemed to be an inherent part hereof.
2 - To consider that amounts allocated are in the nature of compensation to be paid to the following companies:
a) To Carris - Companhia Carris de Ferro de Lisboa, S. A., to ML - Metropolitano de Lisboa, E. P. E., to STCP - Sociedade de Transportes Colectivos do Porto, S. A., to Metro do Porto, S. A., to SOFLUSA - Sociedade Fluvial de Transportes, S. A., to TRANSTEJO - Transportes do Tejo, S. A., to CP - Caminhos de Ferro Portugueses, E. P. E., and to REFER - Rede Ferroviária Nacional, E. P. E., in the scope of provisions laid down in Regulation (EC) No 1370/2007, of 23 October 2007, and in Decree-Law number 167/2008, of 26 August, on obligations incumbent on companies under their articles of association;
b) To INCM - Imprensa Nacional-Casa da Moeda, S. A., in the scope of the burden borne by the public service of universal and free access to the Official Gazette and of other conditions for use provided for in Decree-Law number 116-C/2006, of 16 June, as well as of the burden inherent to assay services.
3 - To determine that the allocated compensation presupposes the fulfilment of conditions of public service provision on which such allocation is based.
4 - To authorize, by order of the members of the Government responsible for the Finance area and for the activity sector of involved companies, the reallocation between public service providers of amounts the allocation of which is hereby approved, in special and duly justified cases.
5 - To authorize the Direcção-Geral do Tesouro e Finanças (General Directorate of Treasury and Finance) to process the compensation payment established in annex i.
6 - To delegate to the Ministers of State and for Finance and of Culture, with the possibility to sub-delegate, the powers to approve the draft framework contracts between the Portuguese State and OPART - Organismo de Produção Artística, E. P. E., theTeatro Nacional D. Maria II, E. P. E., and Teatro Nacional de São João, E. P. E., and to award the referred framework contracts on behalf of the Portuguese State.
7 - To publicize, pursuant to Decree-Law number 167/2008, of 26 August, the compensation payments allocated to the different public service providers that signed contracts with the State, which are identified in annex ii hereto, which is deemed to be an inherent part hereof.
8 - To determine that the present resolution takes effect as from the date of its approval.
Presidency of the Council of Ministers, 2 December 2010. - The Prime-Minister, José Sócrates Carvalho Pinto de Sousa.
ANNEX I
(see original document)
ANNEX II
(see original document)
