Administrative Rule No. 326-A/2013, of 1 November



Ministérios das Finanças e da Economia (Minister of Finance and of Economy)

Administrative Rule


(This is not an official translation of the law)

Having regard to the Statutes of ICP - Autoridade Nacional das Comunicações (ICP - ANACOM), approved by Decree-Law No. 309/2001, of 7 December, insofar as they apply, as well as net results for 2012, which amount to (Euro) 28 948 955.03;

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

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;

Considering also that commitments undertaken by the Portuguese State at ESA’s 2005 and 2008 ministerial meetings amount to 12.5 million Euro;

Considering that under Administrative Rule No 371/2012, of 16 November, the transfer to ESA of (Euro) 11 275 167.00 was determined, on account of ICP-ANACOM’s net results for 2011, as payment of expenditure arising from the ARTES projects, in the scope of commitments undertaken by the Portuguese State;

Having regard to ICP – ANACOM’s draft income allocation included in its annual report for 2012,

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

Article 1
Allocation of results for 2012

1 - ICP – ANACOM’s net results for 2012 shall be allocated as follows:

a) 85%, amounting to (Euro) 24 606 611.78, shall be deemed to be general revenue of the State;
b) 15%, amounting to (Euro) 4 342 343.25, shall be transferred to the heading “Special reserve – Investment”.

2 - From the value referred to in point a) of paragraph 1, the amount of (Euro) 2 626 431.00 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.

3 - The amount remaining from the value referred to in point a) of paragraph 1, corresponding to (Euro) 21 980 180.78, shall be applied in a separate statutory instrument, within 60 days.

4 - ICP-ANACOM’s budget, in the expenditure heading, is hereby amended to the amount referred in point a) of paragraph 1, no further procedure being required.

Article 2
Entry into force

This Administrative Rule shall enter into force on the day following that of its publication.

Article 3
Date of effect

This Administrative Rule takes effect from the moment of signature.

1 November 2013.
The Minister of State and Finance, Maria Luís Casanova Morgado Dias de Albuquerque. - The Minister of Economy, António de Magalhães Pires de Lima.