Presidência do Conselho de Ministros (Council of Ministers' Presidency)
Resolution of the Council of Ministers
(This is not an official translation of the law)
The Program of the XV Constitutional Government regards the information and knowledge society, namely its innovation and knowledge vectors, as an opportunity to alter the relationships between the citizens and the State, to reinvent the organization of the State, rendering it citizen-orientated, as well as to improve economic competitiveness, with a special emphasis to the sector of information and communication technologies. The Government focuses further on inducing an enterprising culture and on providing a favorable environment for innovation in the Portuguese society, determining factors for a new development model based on productivity increase. It follows from the structural development catch-up effort that it is vital not only to grow, but to grow much faster than the average rate of our partners.
The implementation of this fundamental aim is subject to the definition of a global strategic vision that brings together the development of information society and the main challenges of Portuguese society, as well as to the pooling efforts towards operating defined policies. This should be achieved by drawing up an integrated approach which embraces the activity of the Government as a whole, as well as by establishing a political and operational articulation among Government members.
In the pursuit of these objectives, it is the purpose of this Resolution to define the new institutional framework of the Government activity in the fields of innovation, information society and e-government.
It is widely acknowledged that the impact of technological progress together with information and communication technologies has led to an increasingly marked improvement of the importance of creating, circulating and using information in the context of the economic activity. As a result, the information and knowledge society is now emerging.
The Portuguese people must fully and daily take advantage of all the benefits of the information and knowledge society. In this scope, increasing adherence, trust and motivation towards Internet access remains as a fundamental aim. The fight against digital exclusion is one the priorities.
The Government considers a widely available broadband internet access - everyone online with everyone - as an indispensable condition for establishing a knowledge economy. Nevertheless, in order to increase economic growth, connectivity must correspond to economic activities: new services, applications and content that will create new markets and provide the means to reduce costs and improve productivity.
The Seville European Council, held on the 21st and 22nd of June 2002, approved the "e-Europe 2005 Action Plan: an Information Society for all", which intends to provide a favorable environment for private investment and for the creation of new jobs, to boost productivity, to modernize public services and give everyone the opportunity to participate in the global information society. The Government fully endorses the aims set out in this action plan, convinced that steps should be taken towards a qualitative boost, which shall place Portugal on a new threshold, regarding the broadband internet access for the masses as the way forward.
Within this context, the Government was provided an excellent opportunity to activate the transformation process of the organization structure of the State, supported by information and communication technologies, in order to ensure improved services for the citizens, cost reduction of the State functioning, and value creation in the economy, promoting many and varied new business opportunities.
E-government should contribute to a change of citizens' opinion regarding the public administration, which must present a modern, innovating and enterprising character.
One of the objectives of the e-Europe 2005 action plan is to lead in the introduction of online public services. An efficient public administration is vital for the increase of productivity and Portugal' s development level.
Concerning the innovation field, catalytic effects are expected for existing infrastructure, programs and support, in order to add coherence to the existing system. In this scope, differentiated support instruments and projects should be promoted according to target enterprises, by selecting the appropriate innovation measures and instruments, within the III CSF.
Furthermore, the Government shall stimulate several services and ways of support, by means of partnerships and projects involving relevant infrastructures, namely the provision of technological support services designed to meet the needs of different types of target enterprises, the establishment of networks and partnerships between the technology and knowledge providers and their final receivers, the development of favorable conditions for the international exchange of technologies (from foreign countries to Portugal and also from Portugal to foreign countries) and for knowledge use, and the promotion and exploitation of I&D results.
For its embracing quality, these purposes should start from a clear picture and a coherent strategy which may mobilize the Government as a whole. This is the basis for the option towards creating a coordination structure (in the form of a mission unit), which is to report directly to the Minister Assistant to the Prime Minister, and which is responsible for implementing policy measures in the fields of innovation, information society and e-government.
It is necessary also to adapt the Resolution of the Council of Ministers n. º 27/2000 of 16 May, in order to align the provisions in this scope with the new context arising from the centralization of the information society and innovation issues. It is necessary, therefore, to make some changes concerning management and technical support structures of the Information Society Operational Intervention, having regard to specially the "Open State - Modernizing the Public Administration" priority line as well as to the break-up of the support structure shared until the present time with the Employment, Training and Social Development Operational Intervention.
Therefore:
Pursuant to paragraphs d) and g) of article 199 of the Constitution, the Council of Ministers hereby resolves:
1 - To entrust the Minister Assistant to the Prime Minister with the task of promoting the upturn, coordination and monitoring of the Government action regarding innovation issues, namely the Integrated Program for Innovation Support (PROINOV), as well as the information society and e-government, according to the Government Program and the targets set by the European Union, specially:
a) to determine, together with all other ministers, the strategic guidelines and respective targets for the innovation, information society and e-government areas;
b) to monitor and assess Government measures in the fields of innovation, information society and e-government;
c) to submit an annual report to the Council of Ministers on the implementation and progress measures in the fields of innovation, information society and e-government, as well as on forward planning scenarios established at national and international levels, which may benchmark the strategic guidelines for the following year.
2 - To establish the Knowledge and Innovation Mission Unit, a supporting structure for the development of government policies concerning the fields of innovation, information society and e-government, which is to report directly to the Minister Assistant to the Prime Minister, and whose scope of action concerns the following areas:
a) Innovation, namely regarding the Integrated Program for Innovation Support (PROINOV);
b) E-government;
c) Digital economy, namely regarding digital business transactions;
d) Citizens with special needs in the information society, namely regarding the National Initiative for Citizens with Special Needs in the Information Society (ACESSO);
e) Widely available Internet access, namely regarding a large growth in Internet use by citizens.
3 - To mandate the Knowledge and Innovation Mission Unit to undertake the following tasks:
a) to suggest and promote policy measures in the fields of innovation, information society and e-government, ensuring the coordination of the implementation of the Government program for this area, as well as of the policy guidelines determined at European Union level, namely regarding the action plans e-Europe 2002 and 2005;
b) to monitor the implementation of public policy measures in the area of innovation, as well as of the "Lisbon Strategy";
c) to participate, in joint action with the Ministry for Foreign Affairs, in the drawing up of an annual report that will enable the preparation of national position for the special European Councils that shall assess, during the first half of each year, the monitoring of decisions reached within the Community on issues decided at the Lisbon European Council 2000;
d) to deliver opinions on legislative initiatives with impact on the development of the innovation, information society and e-government areas;
e) to coordinate and stimulate actions concerning the development of the portal of the Government;
f) to submit for discussion on an ongoing basis the updating and adaptation of the structure organization of the Public Administration, in the scope of issues mentioned in paragraph 1, mainstreaming the resource rationality and operational effectiveness principles;
g) to ensure that the aims included in the scope of programs and initiatives referred to in paragraph 2 are achieved;
h) to promote the participation of the agents of the Innovation National System and connected to the information society, as well as of representatives of the civil society and undertakings, towards the definition of innovation and information society policies;
i) to stimulate, under the guidance of the Minister Assistant to the Prime Minister, a reflection forum including personalities of recognized merit and private entities, which shall be known as the Information Society Partnership.
j) to ensure that public measures implemented in the scope of paragraph 1 are assessed;
l) to ensure that statistical indicators are produced in the field of innovation and information society, according to national needs and European Union resolutions;
m) to promote the carrying out of forward analysis of the national and international context at the levels of innovation and information society, designed to influence policies and measures to be implemented;
n) to study ways to deepen democracy by using information technologies;
o) to approve projects of an embracing reach and operation, concerning the scope of action of the "e-Europe 2005 Action Plan", namely projects such as the launching of web portals for citizens and enterprises, e-shopping, technological infrastructures and platforms for the Public Administration, under the terms to be determined in a regulation to be approved within 90 days, by order of the Minister Assistant to the Prime Minister, having consulted the Interministerial Commission mentioned in paragraph 14;
p) to deliver compulsory opinions on further projects with implications in issues mentioned in paragraph 3o), to be developed in the technology information area, in the scope of services and bodies of the central administration of the Sate, of public institutes with a nature of personalized services or public resources, under the terms to be determined in the regulation referred to in the preceding paragraph;
q) to report to the Minister Assistant to the Prime Minister every three months on the physical and financial implementation of the tasks hereby assigned.
4 - To determine that the manager of the Knowledge and Innovation Mission Unit shall carry out coordination functions in the Integrated Program for Innovation Support (PROINOV), established by the Resolution of the Council of Ministers n. º 53/2001 of 24 May, although no additional salary increment shall be granted for the discharge of these duties.
5 - To correspond the time-limit for the accomplishment of the mission to that of the period in which the III Community Support Framework is in force, including the time necessary to present the final report, save as otherwise determined by the Minister Assistant to the Prime Minister.
6 - To determine that the management of the Knowledge and Innovation Mission Unit shall be incumbent upon a manager, being provided with the status of mission responsible, pursuant to article 37 of Law n. º 49/99 of 22 June, who is responsible for carrying out all actions relevant for the accomplishment of the tasks assigned to the Mission Unit, including the ones connected to the implementation of programs on the areas mentioned in paragraph 2.
7 - To determine that the manager of the Knowledge and Innovation Mission Unit shall be assisted in the performance of his functions by two coordinators, with the status of mission responsibles, pursuant to article 37 of Law n. º 49/99 of 22 June.
8 - To establish that it is incumbent upon the coordinators referred to in the preceding paragraph to accomplish all necessary tasks included in the responsibilities assigned by the manager of the Knowledge and Innovation Mission Unit.
9 - To determine that the technical and administrative support of the Knowledge and Innovation Mission Unit shall be supplied by civil servants and agents of the central, regional or local public administration, on the regimes of service commission, requisition or detachment, as well as by technical staff of public or private undertakings, resorting, where appropriate and pursuant to general employment law, to fixed-term employment contracts which shall terminate upon extinction of the Knowledge and Innovation Mission Unit.
10 - To establish that the logistical support to the functioning of the Knowledge and Innovation Mission Unit shall be supplied by the General Secretariat of the Presidency of the Council of Ministers, namely regarding its premises.
11 - To determine that the budgetary burden which arises from the establishment and functioning of the Knowledge and Innovation Mission Unit shall be borne by the Presidency of the Council of Ministers.
12 - To determine that the Knowledge and Innovation Mission Unit may resort to available funding within the III CSF, pursuant to regulations in force.
13 - To determine that the Knowledge and Innovation Mission Unit shall present within 90 days:
a) an assessment report, which shall include all Government initiatives, programs and structures, of a horizontal or sectorial nature, with impact in the innovation, information society and e-government areas;
b) a strategic and operational plan regarding innovation, information society and
e-government.
14 - To establish the Interministerial Commission for Knowledge and Innovation, which is to report directly to the Minister Assistant to the Prime Minister, presiding, and which shall undertake the following tasks:
a) to suggest strategies of integrated development regarding innovation, information society and e-government in a scheduled way;
b) to promote the articulation of different programs and initiatives regarding innovation and information society, in what concerns its implementation;
c) to debate, approve and update the list of responsibilities of the ministries and public bodies involved in the afore-mentioned scope;
d) to monitor the implementation of the "e-Europe 2005 Action Plan: an Information Society for all" as well as further European Union programs in the fields of innovation, information society and e-government.
15 - To establish that the Interministerial Commission for Knowledge and Innovation shall hold meetings every three months and shall be composed by:
a) a representative of the Minister of State and for Finance;
b) a representative of the Minister of State and for National Defense;
c) a representative of the Minister for Foreign Affairs and Portuguese Communities Abroad;
d) a representative of the Minister for Internal Administration;
e) a representative of the Minister for Justice;
f) a representative of the Minister of the Presidency ;
g) a representative of the Minister for Parliament Affairs;
h) a representative of the Minister for the Economy;
i) a representative of the Minister for Agriculture, Rural Development and Fisheries;
j) a representative of the Minister for Education;
m) a representative of the Minister for Science and Higher Education;
n) a representative of the Minister for Culture ;
o) a representative of the Minister for Health;
p) a representative of the Minister for Social Security and Work;
q) a representative of the Minister for Public Works, Transports and Housing;
r) a representative of the Minister for Towns, Territorial Planning and Environment.
16 - To determine that the manager of the Knowledge and Innovation Mission Unit shall also be a member of the Interministerial Commission referred to in the preceding paragraph.
17 - To determine that the representative of the member of the Government in the Interministerial Commission for Knowledge and Innovation shall promote the monitoring, in close collaboration with the Knowledge and Innovation Mission Unit, of new measures introduced in the respective ministry regarding innovation, information society and e-government issues, ensuring its efficient and effective implementation.
18 - To determine that the Executive Secretariat of the Interministerial Commission for Knowledge and Innovation shall be ensured by the Knowledge and Innovation Mission Unit, which shall be responsible in particular for:
a) preparing the meetings of the Commission and writing the respective minutes;
b) collecting relevant information for the operation of the Commission, namely from the respective ministries;
c) preparing reports and other elements to be assessed by the Commission;
d) ensuring representation in the working group mentioned in paragraph 2 of the Resolution of the Council of Ministers n. º 3/2001 of 8 January.
19 - To determine that the logistical and administrative support to the functioning of the Interministerial Commission for Knowledge and Innovation shall be supplied by the Knowledge and Innovation Mission Unit.
20 - To determine that the Interministerial Commission for Knowledge and Innovation shall replace the Interministerial Commission for the Information Society regarding the competence referred to in paragraph 1 of the Resolution of the Council of Ministers n. º 3/2001 of 8 January.
21 - To determine the termination of duties of staff rendering services to the Department for the Integrated Program for Innovation Support (PROINOV) and to the General Secretariat of the former Ministry for Science and Technology, where the National Initiative for Citizens with Special Needs in the Information Society (ACESSO) is concerned.
22 - To discharge Maria Alexandra dos Santos Vilela, at her own request, from her responsibilities as managing director of the "Open State - modernizing the Public Administration" priority line of the Information Society Operational Intervention (IOSI), mentioned in paragraph 4 of annex I of Resolution n. º 27/2000 of 16 May, her appointment as managing director of the "Qualification for a modern Public Administration" priority line, held in combination of posts, being therefore removed.
23 - To amend articles 2 and 4 of annex I of the Resolution of the Council of Ministers n. º 27/2000 of 16 May, pursuant to the annex to this Resolution, of which it forms an integral part.
24 - To determine that the following statutory instruments and rules are hereby repealed:
a) Resolution of the Presidency of the Council of Ministers n. º 114/2000 (II Series) of 18 August;
b) Paragraphs 4 and 5 of the Resolution of the Council of Ministers n. º 96/99 of 26 August;
c) Paragraph 5 of the Resolution of the Council of Ministers n. º 97/99 of 26 August;
d) Paragraphs 4, 5, 6 and 7 of the Resolution of the Council of Ministers n. º 53/2001 of 24 May;
e) Ministerial Order n. º 8400/2000 (II Series) of 1 November 1999, published in the Diário da República, II Series, of 18 April 2000;
f) Ministerial Order n. º 23632/2001 (II Series) of 29 October, published in the Diário da República, II Series, of 21 November 2001;
g) Joint Ministerial Order n. º 729/2001 of 19 July, published in the Diário da República, II Series, of 9 August 2001, as amended by the Joint Ministerial Order n. º 177/2002 of 18 February, published in the Diário da República, II Series, of 9 March 2002, Ministerial Order n. º 22613/2001 (II Series) of 12 October, published in the Diário da República, II Series, of 8 November 2001, and the Ministerial Order n. º 5283/2002 (II Series) of 18 February, published in the Diário da República, II Series, of 9 March 2002.
25 - To determine that this Resolution shall take effect on the day of its approval.
Presidency of the Council of Ministers, 26 October 2002.
The Prime-Minister, José Manuel Durão Barroso.
ANNEX
(Amendments to articles 2 and 4 of annex I of the Resolution of the
Council of Ministers n. º 27/2000 of 16 May)
«2. º
Employment, Training and Social Development Operational Intervention
1 -...
2 - Manuel dos Santos Moura Fernandes is hereby appointed managing director of the "Qualification for a modern Public Administration" priority line, with the status of mission responsible, pursuant to article 37 of Law n. º 49/99 of 22 June, in order to provide the manager mentioned in the preceding paragraph with the necessary support in the performance of his functions, and is entitled to remuneration benefits, including the allowance for representation expenses, that correspond to a director of services, being granted an additional salary increment of 15% of the total amount.
3 - ...
4 - ...
5 - ...
6 - ...
7 - ...
a) ...
b) ...
c) ...
d) ...
e) ...
f) ...
g) ...
h) ...
i) ...
j) ...
l) ...
m) ...
n) ...
8 - It is hereby established the technical support structure of the "Qualification for a modern Public Administration" priority line, which shall be responsible for assisting the respective manager in the performance of his functions, to whom it shall report directly, being provided with the nature of project structure, pursuant to article 10 of Decree-law n. º 41/84 of 3 February.
9 - The technical support structure mentioned in the preceding paragraph shall integrate 11 members at the most, and shall succeed the technical support structure of PROFAP, within the II CSF, referred to in the Joint Ministerial Order of 1 August 1994, published in 27 August 1994, as amended by the Joint Ministerial Order of 22 February 1995, published in 16 May 1995.
10 - It is incumbent upon the technical support structure, namely:
a) to support the implementation and monitoring of activities intended to disseminate information;
b) to prepare the meetings and decisions of the manager and management unit;
c) to organize the procedure of each project, according to established customary standards, with the relevant adjustments which are specific to the Operational Intervention;
d) to appraise project applications, having regard namely to the Operational Intervention framework and to compliance with the access conditions provided;
e) to deliver technical opinions on the viability of projects which may support the decision-making task of the manager;
f) to ensure that the financial programming presented in the application for each project corresponds to an estimate of payments to be made by the entity responsible for the implementation, for the number of years indicated;
g) to organize the computer files needed for the implementation control of the Operational Intervention;
h) to verify the expense elements concerning approved projects and activities;
i) to collect and process information on monitoring indicators of the physical and financial implementation of the Operational Intervention;
j) to prepare payment requests for Community contribution;
l) to make payments to the beneficiaries;
m) to support the preparation of reports and the implementation of the Operational Intervention;
n) to perform further acts necessary to ensure the proper implementation of the Operational Intervention.
11 - The running costs of the technical support structure which are considered to be eligible for Community funding shall be borne by the technical assistance of the Employment, Training and Social Development Operational Intervention, further costs being borne by the IEFP budget, except for management expenses of the "Qualification for a modern Public Administration" priority line, which shall be borne by the budget of the General-Secretariat of the Ministry for Finance.
12 - (Former paragraph 10.)
13 - For the present financial year, the cost processing concerning the "Qualification for a modern Public Administration" priority line shall be made according to the current budgetary allocation.
4. º
Information Society Operational Intervention
1 - The manager of the Information Society Operational Intervention (IOSI), appointed pursuant to paragraph 2 of the Resolution of the Council of Ministers n. º 67/2002 (II Series) of 24 August, shall be assisted in the performance of his functions by the managers of the IOSI priority lines.
2 - The managers of the "Developing competences", "Digital Portugal" and "Open State - Modernizing the Public Administration" priority lines are provided with the status of mission responsibles, pursuant to article 37 of Law n. º 49/99 of 22 June, with remuneration benefits that correspond to a director-general.
3 - Pedro André da Costa Martins is hereby appointed managing director of the "Digital Portugal" priority line, with the status of mission responsible, pursuant to article 37 of Law n. º 49/99 of 22 June, in order to provide the manager mentioned in paragraph 1 with the necessary support in the performance of his functions, and is entitled to remuneration benefits, including the allowance for representation expenses, that correspond to a director-general.
4 - The manager of the "Open State - Modernizing the Public Administration" priority line shall carry out as well the management of "Digital Portugal" priority line, although no additional salary increment shall be granted for the discharge of these duties.
5 - (Former paragraph 6.)
6 - The IOSI Management Department shall report directly to the IOSI manager and shall integrate 21 members at the most, including two heads of project.
7 - The heads of project of the IOSI Management Department shall be appointed by order of the Minister Assistant to the Prime Minister, and are entitled to remuneration benefits, including the allowance for representation expenses, that correspond to a director of services, being granted an additional salary increment of 15% of the total amount.
8 - (Former paragraph 9.)
9 - The technical support structure of the IOSI (IOSI Management Department) shall assist the manager of the "Digital Portugal" and the "Open State - Modernizing the Public Administration" priority lines in the performance of his functions, and shall integrate the three elements with fixed-term employment contracts presently working for the support structure of the "Open State - Modernizing the Public Administration" priority line.
10 - The installing and operating costs of the IOSI which are considered to be eligible for Community co-funding shall be borne by the IOSI technical assistance, further expenses being borne by the budget of the Foundation for Science and Technology, without prejudice to the maintaining of the current budgetary allocation until to the end of the year 2002.
11 - (Former paragraph 15.).
