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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