Administrative Rule No. 248-A/2014, of 26 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 to net results for 2013, which amount to (Euro) 24 752 335.00;

Whereas ICP-ANACOM plays a relevant role as regards Portugal’s participation in the European Space Agency (ESA), as the Authority represents the country in ESA’s Committees for Management of Telecommunications Programmes (“ARTES” programmes);

Whereas commitments undertaken by the Portuguese State at ESA’s 2005 and 2008 ministerial meetings, on the “ARTES” programmes, amount to (Euro) 12 500 000,00;

Whereas Resolution of the Council of Ministers No. 16/2013, of 21 March, authorized the expenditure that correspond to Portugal’s contributions in international organizations, among which ESA, for the period between 2013 and 2018, of an overall amount of (Euro) 210 319 000. 00, a burden borne by means of appropriate funds entered and to be entered in the budget of Fundação para a Ciência e a Tecnologia, I. P. (FCT - the Foundation for Science and Technology);

Whereas this Resolution of the Council of Ministers was recently amended by Resolution of the Council of Ministers No. 67/2014, of 13 November, which established that the financial burdn related to contributions to ESA, for 2014, would borne partly by FCT, I.P. and partly by ICP-ANACOM’s net results that revert to the State, for 2013;

Having regard to paragraphs 1 and 3 of article 12-A of Law No. 55/2012, of 6 September, as amended by Law No. 28/2014, of 19 May, which determines the annual transfer to the Instituto do Cinema e do Audiovisual, I. P. (the Cinema and Audiovisual Institute), of specific amounts, to be set out by administrative rule, on account of ICP-ANACOM’s net results that revert to the State;

Whereas, for 2014, under paragraph 2 of article 4 of Law No. 28/2014, of 19 May, the amount to be transferred corresponds to the total amount of fees due, in that year, by pay-TV service operators, pursuant to paragraph 1 of the mentioned article 4 of the referred statutory instrument;

Having regard to ICP-ANACOM’s draft income allocation included in its annual report for 2013;

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

Therefore:

Under paragraph 5 of article 38 of Law No. 67/2013, of 28 August, the Government, through its Minister of State and Finance and the Minister of Economy, hereby decrees as follows:

Article 1
Purpose

This Administrative Rule determines how net results for 2013 of ICP - Autoridade Nacional das Comunicações (ICP-ANACOM) are allocated.

Article 2
Allocation of net results for 2013

1 - ICP – ANACOM’s net results for 2013 shall be allocated as follows:

a) 85%, amounting to (Euro) 21 039 485.00, shall be deemed to be general revenue of the State;
b) 15%, amounting to (Euro) 3 712 850.00, shall be transferred to the heading “Special reserve - Investment”.

2 - From the value referred to in point a) of the preceding paragraph, the following amounts shall be transferred:

a) To the European Space Agency (ESA), in the scope of commitments undertaken by the Portuguese State, the amount of (Euro) 1 475 000.00, as payment of expenditure arising from the “ARTES” programmes;
b) To ESA, for payment of charges related to Portugal’s contributions to that agency for 2014, the amount of (Euro) 6 000 000.00;
c) To the Instituto do Cinema e do Audiovisual, I. P., the amount of (Euro) 5 505 743.68, under paragraph 3 of article 12-A of Law No. 55/2012, of 6 September, as amended by Law No. 28/2014, of 19 May and paragraph 2 of article 4 of Law No. 28/2014, of 19 May.

3 - The amount remaining from the value referred to in point a) of paragraph 1, corresponding to (Euro) 8 058 741.32, shall be allocated in a separate statutory instrument.

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 3
Entry into force

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

On 26 November 2014.

For the Minister of State and Finance, Hélder Manuel Gomes dos Reis, Secretary of State Assistant to the Minister and of Budget. - The Minister of Economy, António de Magalhães Pires de Lima.