Presidência do Conselho de Ministros (Presidency of the Council of Ministers)
Resolution
(This is not an official translation of the law)
The State Budget for 2014, approved by Law No. 83-C/2013, of 31 December, as amended by Law No. 13/2014, of 14 March, includes appropriations for compensation payment for public service providers, the allocation of which must be now defined, under article 34 of Decree-Law No. 52/2014, of 7 April.
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.
Therefore:
Pursuant to point g) of article 199 of the Constitution, the Council of Ministers hereby decides:
1 - To authorize the expenditure resulting from the Agreement for the Implementation of «passe 4-18@escola.tp» travel card concluded between the State and a set of adhering operators, to be materialized as follows:
a) Up to the amount of 7 808 954.00 EUR, inclusive of VAT at the legal rate in force, with effect as from 1 January 2014, to be processed by Direção-Geral do Tesouro e Finanças (DGTF) - the Directorate General of Treasury and Finance;
b) Up to the amount of 848 300.00 EUR, inclusive of VAT at the legal rate in force, with effect as from 1 January 2014, to be processed by Secretaria-Geral do Ministério da Economia (the General Secretariat of the Ministry of Economy).
2 - To authorize DGTF to incur expenditure resulting from the renewed Programme Contract concluded with Adhering Municipalities for the «passe 4-18@escola.tp» travel card, up to the amount of 136 200.00 EUR, inclusive of VAT at the legal rate in force, with effect as from 1 January 2014.
3 - To authorize the expenditure resulting from the “Agreement for the Implementation of Sub23@superior.tp» travel card concluded between the State and operators of public and private passenger transport services, to be materialized as follows:
a) Up to the amount of 4 581 854.00 EUR, inclusive of VAT at the legal rate in force , with effect as from 1 January 2014, to be processed by DGTF;
b) Up to the amount of 1 370 200.00 EUR, inclusive of VAT at the legal rate in force, with effect as from 1 January 2014, to be processed by Secretaria-Geral do Ministério da Economia.
4 - To authorize DGTF to incur expenditure resulting from the renewed Programme Contract concluded with Adhering Municipalities for the «Sub23@superior.tp» travel card, up to the amount of 123 500.00 EUR, inclusive of VAT at the legal rate in force, with effect as from 1 January 2014.
5 - To authorize the expenditure resulting from the “Agreement for the Implementation of Reduced Prices in the Intermodal Transport System», concluded on 29 June 2006 between the State and operators of public and private passenger transport services, for which an addendum was signed on 23 December 2008, to be materialized as follows:
a) Up to the amount of 5 017 204.00 EUR, inclusive of VAT at the legal rate in force, with effect as from 1 January 2014, to be processed by DGTF;
b) Up to the amount of 990 000.00 EUR, inclusive of VAT at the legal rate in force , with effect as from 1 January 2014, to be processed by Secretaria-Geral do Ministério da Economia.
6 - To authorize the expenditure for financial contributions to be allocated to each operator of passenger transport services, for the implementation of the Passe Social+ travel card, in the scope of the intermodal travel card system in force in the Lisbon and Oporto urban areas, pursuant to Administrative Rule No. 272/2011, of 23 September, as amended by Administrative Rule No. 36/2012, of 8 February, and to Order No. 14216/2011, of 13 October, published in the Official Gazette, II Series, No. 202, of 20 October, to be materialized as follows:
a) Up to the amount of 8 023 119.00 EUR, inclusive of VAT at the legal rate in force, with effect as from 1 January 2014, to be processed by DGTF;
b) Up to the amount of 2 081.880.00 EUR, inclusive of VAT at the legal rate in force, with effect as from 1 January 2014, to be processed by Secretaria-Geral do Ministério da Economia.
7 - To authorize the expenditure up to the amount of 7 145 000.00 EUR, inclusive of VAT at the legal rate in force , for financial contribution due for the supply of the public service of provision of L1, L12, L123, L123SX, L123MA, 12,23 and 123 travel cards, known as (L), in 2014, to be allocated to operators of suburban passenger transport services in the Lisbon urban area, to be processed by DGTF, pursuant to Administrative Rule No. 241-A/2013, of 31 July.
8 - To authorize the expenditure up to the amount of 538 528.00 EUR, inclusive of VAT at the legal rate in force, for financial contribution to be allocated to the Municipality of Barreiro for the provision of intermodal travel cards, pursuant to Administrative Rule No. 241-A/2013, of 31 July and Order No. 10560-A/2014, of 12 August, published in the Official Gazette, II Series, No. 155, of 13 August.
9 - 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.
10 - To consider that amounts allocated, in the nature of compensation to be paid to Carris - Companhia Carris de Ferro de Lisboa, S. A., STCP - Sociedade de Transportes Colectivos do Porto, S. A., CP - Comboios de Portugal, E.P.E., Metropolitano de Lisboa, E.P.E., REFER - Rede Ferroviária Nacional, E. P. E., and Metro do Porto, S.A., fall within the application of Regulation (EC) No. 1370/2007, of the European Parliament and of the Council of 23 October 2007, and of Decree-Law No. 167/2008, of 26 August, as amended by Law No. 64/2013, of 27 August.
11 - To determine that the allocated compensation entails fulfilment of conditions of public service provision which justify such allocation.
12 - 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.
13 - To authorize:
a) DGTF to process the compensation payment up to an overall amount of 32 957 128.00 EUR, as identified in annex I hereto;
b) The Secretaria-Geral do Ministério da Economia to process the compensation payment up to an overall amount of 87 954 680.00 EUR, as identified in annex I hereto;
c) The Secretaria-Geral da Presidência do Conselho de Ministros (the General Secretariat of the Presidency of the Council of Ministers) to process the compensation payment up to an overall amount of 18 881 546.00 EUR, as identified in annex I hereto.
14 - To publicize, pursuant to Decree-Law No. 167/2008, of 26 August, as amended by Law No. 64/2013, of 27 August, compensation payments allocated or paid in the course of the current year to the different public service providers that have signed contracts with the State, which are identified in annex II hereto, which is deemed to be an inherent part hereof.
Presidency of the Council of Ministers, 21 August 2014. - The Prime-Minister, Pedro Passos Coelho.
ANNEX I
(referred to in paragraphs 9 and 13)
(see original document)
ANNEX II
(referred to in paragraphs 14)
(see original document)
