Draft Resolution No 969 / XII-3ª

PARLIAMENTARY COMMITTEE OF INQUIRY

TO PROGRAMMES CONCERNING THE ACQUISITION OF SUBMARINES AND OF

ARMORED PANDUR VIATURES

The effectiveness of the State in the exercise of its defence functions depends on modernization

of their military equipment and infrastructure, being the public investment in this

domain carried out through programs of complex nature and with appropriations

very significant budget.

Within the framework of the Program Relative to the Acquisition of Submarines (PRAS) were acquired

to the German Submarine Consortium two submarines, for a value, after updates,

of 1,001 million euros. In relation to this programme, it was further established

obligation to counterparts that could provide benefits for the economy

Portuguese worth about 1,200 million euros.

For your shift, in the framework of the Relative Program to the Acquisition of Blinded Viatures of

Wheels 8 X 8 was forecasted the manufacture and supply of 260 viatures Pandur II by the

supplier Steyr , entity belonging to the group General Dynamics , for a value of

344 million euros. Also in relation to this program have been established

obligations to provide counterparts in a contracted final value of 516 million

euros.

The weaknesses and contractual uncertainties that have occurred in these two programs of

equipment indicts a less caregiver or, in some cases, even doleful

in relation to the way in which public resources were used, when, on the contrary,

it would be required for this type of investments to be carried out with the maximum

transparency and with the necessary realism and rigor. In Germany, it has been already completed,

with conviction, the trial of two executive trustees of a company

member of the German Submarine Consortium, in which it was shown to have been

illicit payments to influence the Portuguese state in the purchase of the submarines.

Ongoing investigations seek to establish other illicit.

Only with transparency and with the strict clearance of responsibilities will be able

prevent negative consequences in the image that strategic public investments,

as they are the military investments, they depart from the public opinion.

Considering the manifest public interest of an integral enlightenment of any

doubts that can reasonably be subsist on the two equipment programmes

military, as well as on the respective appropriations and the contracts and counterparts that the

support, it appears necessary to constitute the constitution of a parliamentary committee of

survey.

It is, precisely, function of the commissions of inquiry " to be surveying for compliance with the

Constitution and laws and to appreciate the acts of the Government and the Administration ", based

in the rigorous identification of the facts, regardless of the legal proceedings in

course or completed, with a view to, predominantly, the clearance of

political responsibilities.

Thus, the Deputies and the undersigned Deputies come to apply for S. you.

President of the Assembly of the Republic, under the provisions of paragraph 1 (a) of the

Article 2º of Law No. 5/93 of March 1, amended by Law No. 126/97 of December 10,

and by Law No. 15/2007 of April 3:

The constitution of an Eventual Commission of Parliamentary Inquiry into the process of

negotiation and implementation of the supply and contract contracts of the Programme

Relative to the Acquisition of Submarines and the Relative Program to the Acquisition of Viatures

Shielded from Rodas 8 X 8.

The Parliamentary Committee of Inquiry shall have as its object, inter alia:

a) Rigorously ascertain the burdens arising from the financial commitments

assumed by the Portuguese State, including the amounts, benefits and conditions

established in related contracts;

b) To establish and identify the obligations to provide counterparts assumed by the

suppliers and appreciate their current degree of implementation and compliance;

c) To hurt the way in which the interest of the state and the public purse in the public has been accranked in the

definition of the conditions set out in the supply and supply contracts

countermatches regarding equipment covered by the programmes behind

referred to, in particular in the clauses limiting the liability of the

suppliers;

d) To ensure full clarification on liability, by action or

omission, of the actors in the conclusion of these contracts, namely their

degree of knowledge and involvement in pre-contractual negotiations that

preceded those;

e) Assess the measures that have been adopted in the face of non-compliance situations already

known, as well as the remaining arrangements with which it sought to minimise the

negative impacts of assumed contractual obligations;

f) Carry out the lifting and consideration of all facts, acts, contracts,

studies, reports and deliberations that have served as a support and foundation to

conclusion of contracts for the programmes under investigation.

The PS Parliamentary Group