Administrative Rule No. 371/2012, of 16 November

Ministérios das Finanças e da Economia e do Emprego (Ministers of Finance and of Economy and Employment)

Administrative Rule

(This is not an official translation of the law)

Having regard to the Statutes of ICP-Autoridade Nacional das Comunicações, known as ICP-ANACOM for short, approved by Decree-Law No. 309/2001, of 7 December, insofar as they apply, as well as to this Authority’s net results for 2011, which amount to (Euro) 23 823 322.67;

Having regard to the need to maintain in the Authority’s balance the financial resources required for the fulfilment of its assignments;

Having regard to ICP-ANACOM’s draft income allocation included in its annual report for 2011;

Whereas the financial commitment resulting from Portugal’s participation in projects and activities of the European Space Agency’s (ESA) ARTES programme, for the period from 2000 and 2005, was set, by joint order No. 269/2001, of 9 January, of the Ministers of Social Equipment, Economy and Science and Technology, published in the Official Gazette, II Series, No. 73, of 23 March 2001, at an overall amount of 6 million Euro, having been established in the referred joint order that the amount concerned would be borne by ICP-ANACOM;

Whereas, by joint order No. 215/2002, of 28 February, of the Ministers of Social Equipment, Economy and Science and Technology, published in the Official Gazette, II Series, No. 67, of 20 March 2002, the amount of the increase of Portugal’s participation in the long term funding for the ARTES programme was set at an overall amount of 7.5 million Euro, to be implemented during the 2002-2006 period, having been established that the amount concerned would be again borne by ICP-ANACOM;

Whereas, under applicable legal statutory instruments issued by ESA, namely the Member State Accession Convention, signed by the Portuguese State in 2001, the invoicing of amounts concerned refer to the economic year on which the Member State undertake the subscription, according to the annual growth rate of the Harmonised Index of Consumer Prices (HICP) in the Euro zone, which applies to the nature of activities concerned;

Considering that joint orders referred to above are silent as to the application of HICP to amounts provided for therein, to be borne by ICP-ANACOM before ESA, as regards the sum to be paid concerning financial commitments set out therein;

Considering that the sum mentioned above currently amounts to (Euro) 1 230 167, a situation that needs to be addressed;

Considering also that commitments undertaken by the Portuguese State at ESA’s 2005 and 2008 ministerial meetings amount to 12.5 million Euro, the body required to pay this amount not having been indicated;

Considering that, in this framework, ESA has already requested the Portuguese State to immediately pay a tranche of (Euro) 10 045 000:

The Government, through its Ministers of State and Finance and of Economy and Employment, hereby decrees as follows:

Sole article

Allocation of results for 2011

1 - ICP – ANACOM’s net results for 2011 shall be allocated as follows:

a) (Euro) 11 275 167 shall be transferred to the European Space Agency (ESA), as payment of expenditure arising from the ARTES projects, in the scope of commitments undertaken by the Portuguese State;

b) (Euro) 8 974 657.27 shall be deemed to be general revenue of the State, and the respective amount shall be deposited with the National Treasury;

c) (Euro) 3 573 498.40 (15% of the amount) shall be transferred to the heading «Investment reserves».

2 - ICP – ANACOM’s budget, in the expenditure heading, is hereby amended to the amount referred in the preceding paragraph, no further procedure being required.

14 November 2012.

The Minister of State and Finance, Vítor Louçã Rabaça Gaspar. - The Minister of Economy and Employment, Álvaro Santos Pereira.