- THE COURT OF AUDITORS AND THE CONCESSION AND SUBCONCESSION CONTRACTS 2
- NATIONAL LEGISLATION
- NATIONAL CASE LAW
PUBLIC LAW NEWSLETTER
I THE COURT OF AUDITORS AND THE CONCESSION AND SUBCONCESSION CONTRACTS
- Court of Auditors: Instruction no. 1/2016, of 12 April:
The subject of this Instruction is the control and follow-up by the Court of Auditors of concession and subconcession contracts entered into by entities in the public corporate sector, excluding local enterprises controlled by public entities and PPP or EPE hospitals. This Instruction must be complied with from its date of publication, including from the start of the 2016 management period, and does not replace the financial reporting instructions to which the covered entities are subject, constituting only a complement with regard to control and follow-up of the concession and subconcession contracts.
Specifically, and strictly speaking, this Instruction covers, from an objective point of view, concession and subconcession contracts and, from a subjective point of view:
- Public Companies:
- Granting Authorities;
- Management concession or sub-concession operators, of public works and public services;
- Private Concessionaire Companies:
- Of public works;
- Of public services.
The requirement was established for the covered entities to submit to the Court of Auditors, among other things:
- Documents concerning the reports and opinions of the awarding authority;
- Details of those responsible for the management of the respective concession contracts;
- Identification of the service contracts entered into by the awarding authority in connection with the supervision, follow-up and management of the contracts;
- The reports and opinions of the regulatory authority.
The time limits for the submission of the information and documents covered by this Instruction are those provided for in Article 52 of the Court of Auditors Process and Organisational Law (Law no. 98/97, of 26 August).
The Court of Auditors offers a specific computer application for their submission (www.tcontas.pt). The Directorate-General of the Court will provide each entity with a key to access this application, for them to submit the documents and information in question.
In relation to submissions made after the first submission of details, the covered entities must only submit related information with any amendments to the contracts that complement the details already available at the Court of Auditors. If this is not done, the awarding authority/concessionaires/sub-concessionaire must alternatively submit an annual declaration attesting to the situation described.
II NATIONAL LEGISLATION
Resolution of the Council of Ministers No. 30/2016 of 23 May
Approves the legal instruments to be entered into between PARPÚBLICA - Participações Públicas (SGPS), S.A., and Atlantic Gateway, SGPS, Lda., including the draft Share Sale Agreement and the draft Shareholders’ and Strategic Commitments Agreement of TAP - Transportes Aéreos Portugueses, SGPS, S.A.
Order no. 6835-A/2016, of 23 May, of the Ministers of Finance and of Planning and Infrastructure
Authorises the sale of shares by Atlantic Gateway, SGPS, Lda. to Parpública - Participações Públicas (SGPS), S.A. during the period of inalienability
Opinion no. 11/2016, of 17 June, of the Prosecutor-General’s Office
On the subject of the association contracts entered into by the Portuguese State, through the Directorate-General of School Administration, and the owners of non-higher private and cooperative education establishments, for the three-year school period 2015/2018
Order no. 7534/2016, of 6 July, of the Secretary of State for Justice
Authorises the creation for an institutionalised arbitration centr e by the Portuguese Association of Public Markets, entitled CAP - APMEP - Public Contract Arbitration Centre of the Portuguese Association of Public Markets
Order no. 5138-A/2016, of 14 April, of the Secretary of State for Energy
Determines the discount to be applied to tariffs for access to electricity networks, applicable from 1 July 2016.
Order no. 5138-B/2016, of 14 April, of the Secretary of State for Energy
Determines the discount to be applied to natural gas tariffs
Ordinance no. 97-A/2016, of 20 April, Ministry of Economic Affairs
Establishes the time limit for launch of the public tender intended to select the entity that will perform the duties assigned to the national association of electrical installation inspectors (ANIIE)
Regulation no. 415/2016, of 29 April, of the Regulatory Entity for the Electricity Sector
Approves the Tariff Regulations for the natural gas sector
Regulation no. 416/2016, of 29 April, of the Regulatory Entity for the Electricity Sector
Approves the Regulations for Commercial Relations in the Natural Gas Sector
Regulation no. 417/2016, of 29 April, of the Regulatory Entity for the Electricity Sector
Approves the Regulations for Infrastructure Operation in the natural gas sector
Directive no. 9/2016, of 4 May, of the Regulatory Entity for the Electricity Sector
Regulates the transitional natural gas tariffs to be effective from 1 May to 30 June 2016
Resolution of the Council of Ministers No. 26/2016, of 6 May
Authorises the expenditures by contracting authorities deriving from free -market electricity contracts, through launch of the corresponding purchasing procedure by the Ministerial Purchasing Unit of the Ministry of Internal Administration
Regulation no. 435/2016, of 9 May, of the Regulatory Entity for the Electricity Sector
Approves the Regulation for Access to the Networks, Infrastructure and Interconnections for the natural gas sector
Order (excerpt) no. 6470/2016, of 17 May, of the General Director of the Directorate - General of Energy and Geology
Defines the requirements associated with the drawing up of energy rationalisation plans
Resolution of the Council of Ministers No. 33-A/2016, of 9 June
Creates the conditions for the automatic application of the social electricity and natural gas tariff, determining the exchange of information between the relevant Public Administration departments
Ordinance No. 173/2016, of 21 June, Ministry of Economic Affairs
Establishes the terms and conditions for the attribution of the power for injection of electricity into a particular point of the public grid applicable under the special form of the regime for remuneration of licensed co-generation
Decree Law No. 33/2016, of 28 June
Reformulates and clarifies the responsibilities and the expenditure scheme of the Directorate-General of Energy and Geology, proceeding to the first amendment to Decree- Law 130/2014, of 29 August
Order no. 6064/2016, of 6 May, of the Secretary of State for Health
Defines the targets for reduction of electricity, gas and water consumption and waste generation, for 2016, for public entities in the health sector
Tourism and Gambling
Regulation no. 379-A/2016, of 13 April, of the Instituto do Turismo de Portugal, I.P.
Amends Annex I to Regulation no. 903-B/2015 that defines the Technical Requirements of the Online Gambling Technical Support System, published in the Official Gazette, 2nd series, no. 250, of 23 December 2015
Order no. 6016/2016, of 5 May, of the Secretary of State for Tourism
Regulation that approves the contracting model for financial support to be granted by Instituto do Turismo de Portugal, I.P. (Turismo de Portugal), in the period 2016 -2020, the tourism development measures and projects, in the context of initiatives aimed at the development, innovation and promotion of Portugal as a destination
Order no. 8357/2016, of 28 June, of the Secretary of State for Tourism
Determines, under the SIMPLEX + 2016 programme, the reduction of documents in applications for the granting of tourism utility status that will be made using a specific form available on the website of Turismo de Portugal, I.P.
Ministerial Order 158/2016, of 8 June, of the Ministry of Labour, Solidarity and Social Security
Fixes the regulatory standards necessary for the distribution of the net income from gam es of a social nature granted to the Ministry of Labour, Solidarity and Social Security
Ministerial Order no. 171/2016, of 20 June, of the Ministry of Finance
Regulates the terms and procedure for the prior opinion to be issued by the Inspectorate General of Finance on transfers to foundations
Law No. 11/2016, of 4 April
Reinstatement of pension supplements in the corporate public sector
Notice no. 4633/2016, of 6 April, of Infraestruturas de Portugal, S.A.
Public consultation of the proposed Regulations for the Requirements and Technical Specifications for the Licensing of Access to the Road Network under the Jurisdiction of the Road Administration
Order no. 5803/2016, of 29 April, of IAPMEI - Agência para a Competitividade e Inovação, I.P.
Conclusion of the process of merger of the Directorate-General of Economic Activities with IAPMEI, I.P.
Ministerial Order no. 121/2016, of 4 May, of the Ministry of Health
Revokes Ministerial Order 112/2014, of 23 May, that regulates the provision of occupational primary health care through Health Centre Clusters (ACES)
Order no. 5911-C/2016, of 3 May, of the Secretary of State for Health
Determines that the signing or renewal of employment contracts by hospitals, hospital centres and local health units with public corporation status and integrated into the National Health Service, requires the prior consent of the Government member responsible for the area of health
Decree Law no. 32/2016, of 28 June
Clarifies the legal positions held by SUCH, by Centro Hospitalar Lisboa Central, E.P.E., by Centro Hospitalar Lisboa Ocidental, E.P.E., and by Centro Hospitalar de Lisboa Norte, E.P.E., in the Complementary Groupings of Companies “Somos Compras”, “Somos Co ntas” and “Somos Pessoas”, proceeding the third amendment to Decree-Law 19/2010, of 22 March
Order no. 5986/2016, of 4 May, of the Director of the Municipal Department of Human Resources of Porto City Council
Amends the internal organisational structure of Porto City Council and republishes the whole Organisational Structure
Order no. 7053-A/2016, of 27 May, of the Presidency of the Council of Ministers
Determines the setting-up of a Technical Group for the definition of criteria to assess the territorial reorganisation of parishes, and defines its composition
Notice no. 6913/2016, of 1 June, of the Municipal Director
Announces the opening of the Public Disclosure Period for the Proposal for Simplified Amendment of the Lisbon Municipal Master Plan
Agriculture, Forestry and the Sea
Ministerial Order no. 140-A/2016, of 13 May, of the Ministries of Finance and of Agriculture, Forestry and Rural Development
Defines the different types, validity and geographic scope of hunting licences
Ministerial Order no. 140-B/2016 of 13 May, of the Ministries of Finance and of Agriculture, Forestry and Rural Development
Establishes the terms for the examination and issuing of the hunting licence
III NATIONAL CASE LAW
Judgment no. 76/2016, of 6 April
Declares unconstitutional the provision contained in Article 257.1 of Law 35/2004, of 29 July (duty to inform the administrative authorities of workplace accidents imposed on employers)
Judgment no. 230/2016, of 29 June
Does not declare unconstitutional the provision of Article 27.3, of the Expropriation Code, the indemnity calculation rules of which do not take into account the “urban infrastructures that serve expropriated lots and the property of which they are a part”, the “location of the expropriated lots in a built-up area with infrastructure (urban settlements and construction scattered at 300 m)”, the “building capacity of expropriated lots and their surrounding area provided for in the Municipal Master Plan”, or the “building capacity of expropriated lots provided for in draft revision of the Municipal Master Plan, pendant on the date of declaration of public utility (even if this is not yet in effect)”, in both these last cases “even in situations in which the area surrounding these lots already consists of urban spaces”.
CU ATRECASAS, GONÇALV ES PEREIRA & ASSOCI ADOS, RL
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