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INTRODUCTORY NOTE - Tribunal de Contas

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Portuguese<br />

Court of Auditors<br />

ANNUAL REPORT<br />

2008<br />

MAY 2009<br />

1<br />

<strong>Tribunal</strong> <strong>de</strong> <strong>Contas</strong>


Technical Information Form<br />

Direction<br />

Guilherme d’Oliveira Martins<br />

Presi<strong>de</strong>nt of the Court of Audit<br />

General Coordination<br />

José F. F. Tavares<br />

Director-General<br />

Technical Coordination<br />

Eleonora Pais <strong>de</strong> Almeida<br />

Auditor-Coordinator (Planning and<br />

Consultancy Department)<br />

Tecnical Team<br />

Conceição Ventura<br />

Auditor Chief<br />

Maria Estrela Leitão<br />

Higher Technical Staff (PCD)<br />

Sónia Fernan<strong>de</strong>s<br />

Higher Verifier Technical Staff (PCD)<br />

Paulo Andrez<br />

Higher Technical Staff (PCD)<br />

Computer Support<br />

João Carlos Cardoso<br />

Director (Information Technology System<br />

Department)<br />

Binding Book<br />

Afonso Rebelo<br />

Operational Assistent (Financial and<br />

Economic Management Department)<br />

Augusto Santos<br />

Technical Assistent (PCD)<br />

Participation of the various areas in the preparation of the report:<br />

COURT<br />

Vice- Presi<strong>de</strong>nt Counsellor<br />

Carlos Alberto Morais Antunes<br />

Counsellor Judges<br />

(by or<strong>de</strong>r of prece<strong>de</strong>nce for 2009)<br />

Carlos Manuel Botelheiro Moreno<br />

João Alexandre Gonçalves <strong>de</strong> Figueiredo<br />

Manuel Henrique <strong>de</strong> Freitas Pereira<br />

Raul Jorge Correia Esteves<br />

António Manuel Fonseca da Silva<br />

Eurico Manuel Pereira Lopes<br />

Nuno Manuel Lobo Ferreira<br />

Manuel Roberto Mota Botelho<br />

José Manuel Monteiro da Silva<br />

João Manuel Ferreira Dias<br />

Helena Maria Ferreira Lopes<br />

António Manuel dos Santos Soares<br />

António Augusto Santos Carvalho<br />

Helena Maria Abreu Lopes<br />

José Luís Pinto Almeida<br />

António José Avérous Mira Crespo<br />

Alberto Fernan<strong>de</strong>s Brás<br />

PUBLIC PROSECUTION SERVICE<br />

Assistants of the Attorney General<br />

António Lima Cluny<br />

Daciano Farinha Pinto<br />

Jorge da Cruz Leal<br />

Orlando Ventura da Silva<br />

Maria Joana Marques Vidal<br />

2<br />

SUPPORT SERVICES<br />

Deputy General Directors<br />

Márcia da Conceição Cardoso Vala<br />

Fernando Flor <strong>de</strong> Lima<br />

Ana Mafalda Morbey Affonso<br />

Auditors-Coordinators/Office Directors/Auditors-Heads/Heads<br />

of Division<br />

and other staff in charge<br />

Abílio Pereira <strong>de</strong> Matos<br />

Alberto Miguel Pestana<br />

Alexandra Rocha Pinto<br />

Ana Luísa Fraga<br />

Ana Luísa Nunes<br />

Ana Maria Bento<br />

Ana Paula Valente<br />

António Afonso Arruda<br />

António Botelho Sousa<br />

António Costa e Silva<br />

António <strong>de</strong> Freitas Cardoso<br />

António Manuel Garcia<br />

António Marques MArta<br />

António Marques Rosário<br />

António Sousa e Menezes<br />

Carlos Augusto Cabral<br />

Carlos Maurício Bedo<br />

Cristina Maria Cardoso<br />

Francisco José Albuquerque<br />

Francisco Bianchi Moledo<br />

Fernando Morais Fraga<br />

Helena Cristina Santos<br />

Helena Cruz Fernan<strong>de</strong>s<br />

Isabel Cacheira Relvas<br />

Jaime Gamboa Cabral<br />

João Carlos Cardoso<br />

João José Me<strong>de</strong>iros<br />

João Oliveira Camilo<br />

José Alves Carpinteiro<br />

José Manuel Costa<br />

Judite Cavaleiro Paixão<br />

Júlia Maria Serrano<br />

BFLnor Corte-Real Amaral<br />

Luis Filipe Simões<br />

Luís Manuel Rosa<br />

Maria Augusta Alvito<br />

Maria Conceição Antunes<br />

Maria da Conceição Lopes<br />

Maria da Luz Faria<br />

Maria Luísa Bispo<br />

Maria Gabriela Ramos<br />

Maria Isabel Viegas<br />

Maria José Sobral Sousa<br />

Maria O<strong>de</strong>te Cardoso Pereira<br />

Maria Susana Ferreira da Silva<br />

Nuno Zibaia da Conceição<br />

Patricia Ferreira Silva<br />

Rogério Vieira Luís<br />

Rui Fernan<strong>de</strong>s Rodrigues<br />

Salvador Lopes <strong>de</strong> Jesus


<strong>INTRODUCTORY</strong> <strong>NOTE</strong><br />

3<br />

<strong>Tribunal</strong> <strong>de</strong> <strong>Contas</strong><br />

The Court of Auditors, the national body carrying out the mission of external control of public finance,<br />

presents its activity, among other means, trough the Annual Report.<br />

The 2008 year was the first part of the triennial cycle of planning, aiming the quality and effectiveness<br />

strengthening of the financial control, focusing it in the great cash flows, high risk areas and innovation<br />

domains of public management. The presented results state the contributions for that purpose.<br />

During 2008, over 1400 entities, covering the a priori, the concomitant and the successive controls and<br />

the effectiveness of the responsibility, were subject to some type of control by the Court of Auditors.<br />

Consi<strong>de</strong>ring the functioning of the Court, it should be emphasized the assessment of the execution of<br />

the 2007 State Budget on its whole, presented in the Opinion on the State Budget Account, including<br />

that of the Social Security, of the same year, as well as the preparation of the Opinions on the 2006<br />

Autonomous Regions Accounts.<br />

There has been a strong increase in the number of concomitant control audits, carried out mainly to<br />

seal approved contracts amendments of public Works. This is a direct and prominent consequence of<br />

the amendments resulted from the Act 48/2006, of 29 August.<br />

As far as the qualitative aspect is concerned, the Court control action also intends to produce an<br />

pedagogical effect. Thus more than punishing, it consists in preventing, evaluating and recommending<br />

improvements. Within this context, its observations, conclusions and recommendations production – in<br />

the Opinion on the General State Account, in the audit report, in the endorsed accounts and in the<br />

seal approval processes –, and its immediate provision to Parliament, Government, to the involved<br />

entities and to citizens, is an indispensable contribute to a better management of the public money<br />

and assets.<br />

Therefore, the benefits of the external control occur, firstly, from the improvements introduced in the<br />

public services with recommendations issued within the scope of its control actions. It should be noted<br />

that in 2008, the Court issued 1229 recommendations.<br />

In addition, the Court existence as an external financial control body constitutes, in itself, a <strong>de</strong>terrent<br />

element of ina<strong>de</strong>quate behaviours in the spending of public money. And its action, recommending improvements<br />

and preventing or punishing illegalities, also affords a multiplying effect and reflects the<br />

proposed betterments to the verified acts in future actions.<br />

With a view to improve its own accountability, the Court is also interested in the progress, in a systematic<br />

and gradual way, of the evaluation of its actions impact. Consequently, there was an increase of<br />

the Courts recommendations follow-up audits, having been i<strong>de</strong>ntified savings in the public funds of<br />

11,5 million Euros.<br />

It should be pointed out that, in 2008, it was created by the Act 54/08, of 4 September, the Council for<br />

the Prevention of Corruption (CPC), in<strong>de</strong>pen<strong>de</strong>nt administrative entity, acting next to the Court, whose<br />

exclusive mission is the prevention of corruption. Within this context, the Court itself has been<br />

strengthening its performance in the fight against fraud and corruption.


This Report was approved at the General Plenary Sitting of the Court of Auditors, during the 25 th May<br />

2009 session, as <strong>de</strong>termined in no. 2 of article 43 and in sub-paragraph b) of article 75 of Act no.<br />

98/97. Un<strong>de</strong>r the terms of the Act, this Report is published in Series II of the Official Journal (OF) (article<br />

9 of Act no. 98/97), and is also available on the INTERNET, on the Court’s web page<br />

(www.tcontas.pt).<br />

The Counsellor Presi<strong>de</strong>nt<br />

(Guilherme d’ Oliveira Martins)<br />

4


CONTENTS<br />

5<br />

<strong>Tribunal</strong> <strong>de</strong> <strong>Contas</strong><br />

MAIN RESULTS ........................................................................................................... 7<br />

1. THE COURT OF AUDITORS .................................................................................. 9<br />

1.1. JURISDICTION AND POWERS ................................................................................ 9<br />

1.2. STRUCTURE ..................................................................................................... 9<br />

1.3. MAIN ADDRESSEES OF ITS ACTS ...................................................................... 9<br />

2. ACTIVITY RESULTS ............................................................................................. 10<br />

2.1. DELIBERATIONS AND DECISIONS ............................................................................... 11<br />

2.2. A PRIORI FINANCIAL CONTROL .................................................................................. 12<br />

2.3. CONCOMITANT FINANCIAL CONTROL............................................................................ 18<br />

2.4. SUCCESSIVE FINANCIAL CONTROL............................................................................... 21<br />

2.5. ENFORCEMENT OF FINANCIAL LIABILITIES ........................................................................<br />

3. ACTIVITY OF THE PUBLIC PROSECUTION SERVICE AT THE PCA ................ 44<br />

4. RELATIONS WITH OTHER NATIONAL BODIES AND INSTITUTIONS .............. 45<br />

4.1. PRESIDENT OF THE REPUBLIC, PARLIAMENT (“ASSEMBLY OF THE REPUBLIC”), GOVERN-<br />

MENT, LEGISLATIVE ASSEMBLIES OF THE AUTONOMOUS REGIONS AND REGIONAL GOVERN-<br />

MENTS ............................................................................................................................45<br />

4.2. INTERNAL CONTROL BODIES........................................................................................... 46<br />

4.3. OTHER INSTITUTIONS .................................................................................................... 46<br />

4.4. THE MEDIA ............................................................................................................... 46<br />

5. COMMUNITY AND INTERNATIONAL RELATIONS .............................................. 47<br />

5.1. COMMUNITY RELATIONS ...................................................................................................47<br />

5.2. INTERNATIONAL RELATIONS ..............................................................................................48<br />

6. RESOURCES USED .............................................................................................. 51<br />

6.1. HUMAN RESOURCES ...................................................................................................... 51<br />

6.2. FINANCIAL RESOURCES ................................................................................................. 53<br />

6.3. INFORMATION SYSTEMS AND TECHNOLOGY .................................................................... 55<br />

ANNEX I - Concomitant control - Audits finished in 2008 .................................................... 57<br />

ANEXO II - Successive Control – Audits finished in 2008 ................................................ 60<br />

SIGLA .................................................................................................................................... 68


MAIN RESULTS<br />

The following results were particularly important during 2008:<br />

Within the scope of the concomitant and a priori control:<br />

7<br />

<strong>Tribunal</strong> <strong>de</strong> <strong>Contas</strong><br />

. A priori control of 1787 acts, contracts and other documents generating expenses correspond<br />

to total expenses of 5,7 thousand million Euros. These acts were sent by 770 entities.<br />

. More transparent contracts and even, in some situations, with reduction of the financial<br />

charges assumed by the respective entities, as the result of <strong>de</strong>volution of seal approval<br />

processes for a fuller preliminary instruction or doubts clarification (there were 2349 <strong>de</strong>volutions).<br />

. It was prevented the spending, not according to binding Acts, without budgetary suitability or<br />

surpassing the legal limits of in<strong>de</strong>btedness, corresponding to 68 acts and contracts to which<br />

it was refused the seal approval, of 631,5 million Euros (11,1% of the global expenditure<br />

submitted to the seal approval). This Court action had a <strong>de</strong>terrent effect for the future proceedings<br />

regarding similar illegalities and contracts..<br />

. 55 audits of concomitant control, i<strong>de</strong>ntifying the irregular expense that amounted to 19, 2<br />

million and issuing the observations and recommendations consi<strong>de</strong>red pertinent in each<br />

case.<br />

The most relevant irregularities <strong>de</strong>tected are related with the object of the contracts additions,<br />

as well as with its grounds, because they do not result from undue circumstances; with<br />

the <strong>de</strong>lay in the <strong>de</strong>livery to the Court of the approved contracts additions within the first 15<br />

days of its implementation; and with the lack of a prior appropriation note in the expenses authorization<br />

and in the record of the commitments before third party.<br />

As far as the successive control is concerned:<br />

Mission – It controls the legality and the regularity of the<br />

public revenues and expenditure, rules on the accounts<br />

which the Act has or<strong>de</strong>red to be submitted to it, gives opinion<br />

on the General State Account and on the Autonomous Regions<br />

Accounts, assesses the sound financial management<br />

and enforces liability for financial offences.<br />

. Opinion on the 2007 General State Account, including that of the Social Security, and Opinions<br />

on the 2006 Autonomous Regions Accounts.<br />

. Opinions on the 2007 Accounts of the Assembly of the Republic and of the Azores and Ma<strong>de</strong>ira<br />

Legislative Assemblies.<br />

. 93 audits: 51 directed towards the strengthening of the quality, timeliness and effectiveness<br />

of the Court financial control (achievement of Strategic Objective 1); and 42 aiming the enhancement<br />

of the financial control focused in the large financial flows, in areas of greatest risk<br />

and of innovative management of public resources (SO 2). Over 135 entities were covered<br />

by successive control auditing (including 22 of the State Owned Company Sector).


. Due to the enlargement of the Court remit, irregularities in public expenses <strong>de</strong>tected in the<br />

audits carried out totalled over 1288 million Euros. Within this amount, it should be stressed<br />

the several situations, such as: overhang payments, carried out through specific treasury operations,<br />

undue accounting of funds inflated the operational results; high level of appropriations,<br />

in all the Marine projects, in 2006 and 2007, that had overestimated the budgetary expenditure<br />

with impact on the transparency of the public accounts and of the each year General<br />

State Account <strong>de</strong>ficit. The Court recommen<strong>de</strong>d the correction of the <strong>de</strong>tected irregularities.<br />

. In the course of the accomplished audits and as a result of the Court action, some proceedings<br />

were rectified and the situations consi<strong>de</strong>red illegal were regularized, by the involved entities<br />

initiative.<br />

. Throughout the follow up of the recommendations compliance issued by the Court, public<br />

funds savings were in<strong>de</strong>ntified totalled 11,5 million Euros, resulting essentially from the<br />

HRALVT credits related with the Hospital Fernando Fonseca billing of the prescription medicine,<br />

diagnostic and therapy aid, which were <strong>de</strong>ducted to the twelfth payments from January<br />

to May 2008.<br />

. Internal verification of 467 accounts, related to 371 entities, corresponding to a financial<br />

value of 39.546 thousand million Euros. 9 of these accounts were refused ratification.<br />

. In the ambit of the internal verification of accounts, it was also i<strong>de</strong>ntified irregular expense<br />

of about 178 million Euros, whose irregularities have a very different nature: balance brought<br />

forward certified with reserve because it was not possible confirm the regularization of all operations<br />

in passage; loans raised in former managements which were not reflected in the expenditure<br />

and revenue account; and the existence of situations where the appropriations and<br />

commitments were carried out after the bill date.<br />

Within the sphere of financial liabilities enforcement<br />

Vision – It is an institution that assists the citizens upon<br />

which they rely. It promotes a more effective and efficient<br />

management of the available public resources and<br />

instigates an integrity, competence, accountability and<br />

transparence culture.<br />

. During the enforcement of financial liabilities, recoveries were or<strong>de</strong>red and fines were<br />

imposed totalling about € 180 646.<br />

8


1. THE COURT OF AUDITORS<br />

1.1. JURISDICTION AND POWERS<br />

<strong>Tribunal</strong> <strong>de</strong> <strong>Contas</strong><br />

Un<strong>de</strong>r the terms of the Constitution and Act, the Court of Auditors is the body for the external control of<br />

public finances. It is in<strong>de</strong>pen<strong>de</strong>nt in relation to the other sovereign bodies and all other entities.<br />

Its mission is as follows:<br />

� Inspection of the legality and regularity of public revenue and expense;<br />

� Judgement of the accounts that must be submitted to it by Act;<br />

� Deliver an Opinion on the General State Account (GSA) and Autonomous Region accounts;<br />

� Assessment of financial management; and<br />

� Enforcement of liability for financial infractions.<br />

The Court has competencies with respect to a priori control, concomitant control and successive<br />

control and competency with respect to the enforcement of financial liabilities. It also has, accessorily,<br />

regulatory and consultative competencies.<br />

The Court’s action is carried out with the concession or refusal of prior approval to the cases subjected<br />

to it, through the verification of the accounts of the entities subject to their ren<strong>de</strong>ring and through the<br />

un<strong>de</strong>rtaking of audits, both during the period of execution of expenses, and after the closure of the<br />

financial year. The Court also gives opinions on the GSA and on the Autonomous Regions Accounts.<br />

Its jurisdiction implies that all entities administering or using public money, especially services and<br />

bodies within the Public Administration, including public companies, as well as private Act entities that<br />

manage public monies are subject to control by the Court. At the end of 2008, the following entities<br />

active were subject to the Court’s control: 12 121 entities at Headquarters, 628 entities are in the<br />

Regional Chamber of Azores and 328 in the Regional Chamber of Ma<strong>de</strong>ira.<br />

1.2. STRUCTURE<br />

In or<strong>de</strong>r to exercise its functions, the Court has 19 Counsellor Judges (1 of them is the Presi<strong>de</strong>nt)<br />

integrated in three specialized chambers at its Headquarters – 1 st , 2 nd and 3 rd Chambers – two<br />

chambers of generic competence in the Autonomous Regions of Azores and Ma<strong>de</strong>ira, with the respective<br />

Technical and Instrumental Support Services.<br />

The Public Prosecution Service has a seat at the Court, represented at the Court’s Headquarters by<br />

the Attorney General of the Republic (AGR), who can <strong>de</strong>legate its functions to one or more assistant<br />

attorneys-general, and in the Regional Chambers to the magistrate <strong>de</strong>signated for this effect by the<br />

AGR.<br />

1.3. MAIN ADDRESSEES OF THE RESULTS<br />

The main addressees of the results of the Court’s activity are:<br />

� The Citizens who expect the Court to safeguard and ensure that public resources are applied<br />

exclusively for the benefit of public interests;<br />

� The Presi<strong>de</strong>nt of the Republic to whom the Act or<strong>de</strong>rs to send the Court Annual Report;<br />

� The Assembly of the Republic, especially regarding the Opinion on the General State Account<br />

and audit reports;<br />

� The Legislative Assemblies of the Autonomous Regions, namely in relation to the Opinions<br />

on the Regions Accounts produced by the Court Regional Chambers;<br />

9


� The persons responsible for the entities audited and bodies supervising or superintending<br />

them, regarding the respective audit reports with the recommendations formulated by the<br />

Court;<br />

� The entities producers of acts and contracts, regarding the <strong>de</strong>cisions of prior approval concession<br />

and refusal.<br />

2. ACTIVITY RESULTS<br />

The Court and its Support Services activity was directed to the accomplishment of the following strategic<br />

objectives (SO) approved for the triennial 2008-2010:<br />

• Strengthen the quality, timeliness and effectiveness of the Court technical and jurisdictional financial<br />

control (SO 1);<br />

• Intensify the financial control centred on large financial flows, areas of greater risk and areas<br />

of innovative public management and reinforce the pedagogical guidance and the enforcement<br />

of financial liability (SO 2);<br />

• Promote, in a systematic and gradual way, the assessment of the Court control actions impact<br />

(SO 3).<br />

In or<strong>de</strong>r to fulfil these objectives, the Opinions on GSA and on the Autonomous Regions Accounts<br />

were <strong>de</strong>livered, 1787 prior control acts and contracts were controlled, 148 audits and external verification<br />

of accounts (93 of successive control and 55 of concomitant control) were accomplished and 467<br />

accounts were verified internally.<br />

During the exercise of its financial control functions, the Court formulates recommendations to the<br />

competent bodies, and can do so at all and any instance, with the exception of the 3 rd Chamber. The<br />

General Plenary Sitting formulates recommendations on the Opinion on the General State Account;<br />

the 1 st Chamber does so within the context of a priori or concomitant control; the 2 nd Chamber does so<br />

in the exercise of concomitant or successive control and the Regional Chambers of Azores and Ma<strong>de</strong>ira<br />

do so within all the above-mentioned contexts.<br />

The recommendations fundamentally seek to suppress <strong>de</strong>ficiencies, avoid future illegalities, improve<br />

the accountability of accounts and contribute to enhanced public management – more efficient, economic,<br />

effective and transparent – with the ultimate purpose being to contribute to the improved use of<br />

public money.<br />

In points 2.3 and 2.4, it is pointed out some of the most relevant recommendations, issued by the<br />

Court in 2008 and, also, the recommendations whose compliance was known in this year. There<br />

should be as well un<strong>de</strong>rlined that the Act 48/2006, of 29 August, amendments introduced to the Organization<br />

and Procedural Act of the Court (OPLC) have clarified the Court recommendations juridical<br />

system.<br />

10


No. of recommendations issued in 2008<br />

2.1. DELIBERATIONS AND DECISIONS<br />

11<br />

HQ ARC MRC TOTAL<br />

In the Opinions on the GSA and ARA 81 26 25 132<br />

In Seal Approval cases 173 15 11 199<br />

In concomitant control audits 56 17 16 89<br />

In successive control audits 395 103 16 514<br />

In internal verification of accounts 213 81 1 295<br />

Total 918 242 69 1229<br />

<strong>Tribunal</strong> <strong>de</strong> <strong>Contas</strong><br />

The Court <strong>de</strong>liberations and <strong>de</strong>cisions are given in General Plenary Sitting, in Plenary Sittings, in subchamber<br />

sittings and in daily seal approval sessions, at the Headquarters, and in weekly ordinary session,<br />

at the Regional Chambers.<br />

In 2008, the General Plenary Sitting of the Court of Auditors, in which all the Counsellor<br />

Judges take part, including those of the Regional Chambers, during the 9 sessions held, assessed<br />

and approved the Opinions on the 2007 General State Account and Assembly of the Republic<br />

Account, the 2007 Annual Report, the Action Plan and the Court Budget projects (Headquarters<br />

and Regional Chambers) for 2009. In this year, it should be also emphasized, the Vice-Presi<strong>de</strong>nt<br />

Counsellor’s election, the appointment of the Counsellor for the Informatics Commission and the appointment<br />

of two new judges in the Chambers.<br />

The Standing Committee, presi<strong>de</strong>d over by the Court Presi<strong>de</strong>nt and comprising of the Vice-<br />

Presi<strong>de</strong>nt and a Judge of each Chamber, met during 6 sessions, and approved the project of the 2007<br />

Annual Report, the Introductory General Part of the 2009 Action Plan and proposals of the judges’ appointment<br />

in the Chambers.<br />

The 1 st Chamber, in addition to the daily sessions for the prior approval, met during 56 sessions,<br />

gave 20 judgements and approved 3 resolutions, and 47 audit reports of the concomitant control.<br />

In Sub-chamber sittings comprised of three Counsellor Judges, 168 judgements. In daily sessions<br />

of prior approval, 960 numbered <strong>de</strong>cisions were given.<br />

The 1 st Chamber also imposed fines of € 7 296, according to the article 66 of the OPLC. It were also<br />

paid, prior to the judgment, fines foreseen in the article 65 of the same Act of € 57 368.<br />

The 2 nd Chamber, in 33 sessions in Plenary sittings, approved, in addition to the 2009 inspection<br />

programme, 7 resolutions, 1 instruction, 57 audit reports, 1 external verification of accounts report<br />

and 7 internal verification of accounts reports. It ratified the internal verification of 366 accounts.<br />

It were imposed fines of € 20 160 within the article 66 of the mentioned Act. It were also paid,<br />

prior to the judgment, fines foreseen in the article 65 of the same Act of € 39 082.<br />

The 3 rd Chamber, in 17 sessions – 8 in Plenary sittings and 9 in judgement of 1 st instance –, gave 9<br />

judgements (1 on a ordinary appeal of fine <strong>de</strong>riving from the 1 st Chamber, 6 of appeal of financial liabilities<br />

judgement procedures, 1 of an appeal of accounts judgment and 1 of a RCM appeal) and 6<br />

sentences (4 of accounts judgment, 1 of <strong>de</strong> financial liabilities judgment and also or<strong>de</strong>red the extinction<br />

of the instance due to voluntary payment in 1 procedure by one <strong>de</strong>fendant).


Regarding the cases of financial liability (Headquarters – 3 rd Chamber), the recovery of € 23 585 was<br />

or<strong>de</strong>red resulting from undue payments. Fines valued at € 15 079 were imposed and one of them was<br />

voluntarily paid of € 1153.<br />

In the Regional Chamber of Azores (RCA), there were 20 ordinary sessions, 1 special collective<br />

session related to the approval of the Opinion on the 2006 Account of the Autonomous Region of<br />

Azores and of the Opinion on the 2007 Account of the Legislative Assembly of the Autonomous<br />

Region, and 100 prior approval sessions. Regarding the <strong>de</strong>cisions, 18 audit reports (5 of concomitant<br />

control and 13 of successive control), 30 reports of internal verification of accounts were approved<br />

and 160 <strong>de</strong>cisions were taken related to prior approval cases. In the RCA, fines valued at €<br />

3409 were imposed according to the article 66 of the mentioned Act, within the scope of the prior and<br />

successive controls, according to the article 66 of the OPLC. It were also paid, before the judgment,<br />

fines foreseen in the article 65 of the same Act of € 10 695.<br />

In the Regional Chamber of Ma<strong>de</strong>ira (RCM) 2 special collective sessions, 16 ordinary sessions<br />

and 44 daily sessions of prior approval were held. 2 <strong>de</strong>liberations related to the Opinions on the 2006<br />

Autonomous Region of Ma<strong>de</strong>ira Account and 2007 account of the Legislative Assembly of the<br />

Autonomous Region, 18 numbered <strong>de</strong>cisions related to prior approval cases, 70 ratifications<br />

(and refusals of ratification) of accounts were given, 11 audit reports (3 of concomitant control and 8<br />

of successive control) and 2 reports of external verification of accounts and 1 report of internal<br />

verification of account were approved. Regarding financial liability cases, the Court held 15 judgment<br />

sessions and gave 5 sentences, having imposed sanctions valued at € 2823.<br />

2.2. PRIOR FINANCIAL CONTROL<br />

The 1st Chamber of the Court at Headquarters and RCA and RCM is responsible for a priori financial<br />

control, exercised through the concession or refusal of the Prior approval to acts and contracts,<br />

un<strong>de</strong>r the terms of the Act. This consists in the examination of the financial legality of the acts,<br />

contracts and other instruments generating expenses or representing (direct or indirect) financial liabilities<br />

typified in the Act.<br />

For the effects of a priori control, 2095 new cases were admitted to the Court (Headquarters and<br />

Regional Chambers) in 2008 which corresponds to an increase of 11% in relation to 2007.<br />

1787 cases were subject to control, related to acts and contracts sent by 770 entities of the Central<br />

and Local Administration and of the Autonomous Regions and of the State Owned Companies Sector,<br />

corresponding to expenses valued at 5.7 thousand million Euros (Tables 1 and 5).<br />

12


2500<br />

2000<br />

1500<br />

1000<br />

500<br />

0<br />

Table 1<br />

Procedural movement of the Prior approval in 2008<br />

Seal approval cases and types of <strong>de</strong>cision<br />

13<br />

<strong>Tribunal</strong> <strong>de</strong> <strong>Contas</strong><br />

* Inclu<strong>de</strong>s the compliance ratifications<br />

** Concession of prior approval in the acts, contracts and other documents subject to a priori control, 30<br />

days after admission to the Court, without its <strong>de</strong>cision.<br />

Graphic 1<br />

Procedural movement of the Prior approval in 2008 and 2007<br />

Admitted in<br />

the years<br />

Returned on<br />

The entities<br />

Request and<br />

cancelled<br />

HQ<br />

Returned not<br />

subject to prior<br />

approval<br />

* Inclu<strong>de</strong>s the compliance ratifications<br />

Regional Chambers<br />

1ª Chamber Azores Ma<strong>de</strong>ira<br />

Prior approval<br />

refused<br />

TOTAL<br />

Transferred from 2007 73 13 20 106<br />

Entered in 2008 1 800 167 128 2 095<br />

Total for the analysis in 2008 1 873 180 148 2 201<br />

Returned un<strong>de</strong>r the entity request and<br />

Cancelled 33 2 35<br />

Returned not subject to prior approval 175 14 4 193<br />

Refused the prior approval 44 1 23 68<br />

Prior approved* 1 420 159 100 1 679<br />

Tacit prior approval ** 40 40<br />

Total en<strong>de</strong>d in 2008 1 712 176 127 2 015<br />

Transferred to 2009 161 4 21 186<br />

Prior approved*<br />

In 2008, from the total cases conclu<strong>de</strong>d, 1719 were prior approved, 68 were refused the Prior approval<br />

and 40 were Tacitly Prior Approved.<br />

The refusal of the Prior approval to acts and contracts by the Court was mainly due to the following<br />

reasons:<br />

. False representation of the legal clauses which would allow using the private treaty in the awarding of<br />

services;<br />

2008<br />

2007


. Reiteration in the use of the industrial or tra<strong>de</strong>marks in the bill of quantities - article 65, points 5 and 6, of<br />

the Decree-Act 59/99, of 2 March;<br />

. Omission of the advertising of ten<strong>de</strong>rs in the OJEU, when it was compulsory;<br />

. Supply, by the contracting entity, of ten<strong>de</strong>r pieces copies at prices higher than its real cost, infringing the<br />

point 4 article 62 of the Decree-Act 59/99, of 2 March;<br />

. Solicitation to the competing bid<strong>de</strong>rs of a basis project without being a work <strong>de</strong>manding technical complexity<br />

or specialization, violating thus the point 4 article 62 of the Decree-Act 59/99, of 2 March. These<br />

entities are backsliding in such illegality;<br />

. Reiteration in <strong>de</strong>manding requisites - qualifications, in the public Works ten<strong>de</strong>r procedures regulations,<br />

higher than the legally <strong>de</strong>fined, regarding the authorizations of the building contractor’s registrations;<br />

. Amendments to the Ten<strong>de</strong>r Document clauses, in addition to the infringement of the article 38 of the<br />

Regulative Decree 10/2003, of 28 April, and of the article 42 of the Decree-Act 197/99, of 8 June, having<br />

as consequence the violation of the principles of legality, transparency, competition and stability, preview<br />

in the article 7, point 1, articles 8, 10 and 14 of the last legal document;<br />

. Contracting, without legal basis, insurances in the areas of health/group, of life/group, and of personal acci<strong>de</strong>nt,<br />

which implies the assumption of expenses with a private social protection system, together with a<br />

public system with i<strong>de</strong>ntical covering for the municipality officers;<br />

. Settling of sub criteria and of different relative weightings, after the prescribed period for the submission of<br />

ten<strong>de</strong>r. Thus, violating the laid down in articles 66, point 1, paragraph e) and 100, numbers 1 and 2 of Decree<br />

Act 59/99, of 2 March, and of point 21 of the invitation to ten<strong>de</strong>r-type program approved by the Ordinance<br />

104/2001, of 21 of February, infringing also the article 94, pint 1 of the DL 197/99, of 8 June;<br />

. Contracting the entity without holding the permission legally required for the implementation of the services<br />

inserted in the supply object;<br />

. Infringement of the legislation applicable in the use of loan funds - Act 67-A/2007, of 31 st December, and<br />

the Act 2/2007, of 15 January;<br />

. Reiterated illegal conduct which was object of former recommendation of the Court of Auditors.<br />

During this year, 2349 processes were also returned (2091 at Headquarters, 138 at the RCA and<br />

120 at the RCM) for instruction complements and doubts clarification and 2317cases were reopened<br />

(2043 at Headquarters, 154 at the RCA and 120 at the RCM).<br />

The returning of cases enabled, to a significant extent, the suppression of the illegalities and irregularities<br />

<strong>de</strong>tected, conducting, also, in some cases, to the assumed charges reduction by the<br />

respective entities and, consequently, the concession of the Prior approval to the acts and contracts.<br />

Table 2<br />

Prior approval cases in 2008, by type of <strong>de</strong>cision and procedure<br />

Types of <strong>de</strong>cision<br />

Work -<br />

Contracts<br />

Acquis.<br />

Property<br />

14<br />

Type of procedure<br />

Supplies-<br />

Financial<br />

nature<br />

Provision<br />

of services<br />

Refused the Prior Approval 18 22 19 6 3 68<br />

Prior approved<br />

With compliance ratification<br />

Prior approved in daily session<br />

906<br />

193<br />

571<br />

74<br />

31<br />

43<br />

248<br />

134<br />

111<br />

254<br />

254<br />

122<br />

48<br />

67<br />

75<br />

4<br />

71<br />

1 679<br />

410<br />

1 117<br />

Without recommendations 0<br />

With recommendations<br />

Tacitly prior approved<br />

142<br />

15 1<br />

3<br />

2 10<br />

7<br />

5 7<br />

152<br />

40<br />

Total 939 75 272 283 133 85 1 787<br />

Other<br />

TOTAL


15<br />

<strong>Tribunal</strong> <strong>de</strong> <strong>Contas</strong><br />

Of the total amount of cases submitted for the Prior approval, approximately 50% are cases concerning<br />

works contracts, 30% are cases with a financial nature and supply of goods cases, 7%<br />

supply of services and the remain<strong>de</strong>r corresponding to the acquisition of property or representing<br />

other charges and responsibilities (see Table 2).<br />

Graphic 2<br />

Regarding its distribution by Public Administration levels (Table 3 and Graph 2), the majority, approximately<br />

65%, come from Local Administration entities, approximately 19% Central Administration<br />

entities, 10% State Owned Companies Sector (SOCS) and 6% Autonomous Region entities<br />

(Azores and Ma<strong>de</strong>ira).<br />

750<br />

500<br />

250<br />

0<br />

N<br />

U<br />

M<br />

B<br />

E<br />

R<br />

O<br />

F<br />

P<br />

R<br />

O<br />

C<br />

E<br />

D<br />

U<br />

R<br />

E<br />

S<br />

N.º <strong>de</strong> processos<br />

1 000<br />

800<br />

600<br />

400<br />

200<br />

0<br />

Table 3<br />

Origin of the cases submitted for the Prior approval in 2008<br />

Administration<br />

Central<br />

Administration<br />

Pub.Work<br />

Contracts<br />

Acquis.<br />

Property<br />

Supplies<br />

Graphic 3<br />

Regional Adm. Local Adm. SOCS<br />

Type of procedure TOTAL<br />

Financial Provision<br />

Nature Of services Others %<br />

Central Administration 89 2 141 2 84 16 334 18,7%<br />

Regional Administration 52 15 43 5 115 6,4%<br />

Local . Administration<br />

679 56 42 280 40 63 1 160 64,9%<br />

State Owned Comp. Sector 119 2 46 1 9 1 178 10,0%<br />

Total en<strong>de</strong>d 939 75 272 283 133 85 1 787 100,0%<br />

Public Work Contracts<br />

Acquisition of property<br />

Supplies<br />

Financial Nature<br />

Provision of services<br />

Others


Regarding its evolution, the number of cases of prior approval has slightly increased in 2008 comparatively<br />

to 2007, as indicated in Table 4 and Graph 4<br />

Tacitly prior approved<br />

Prior approved<br />

Refused the prior<br />

approval<br />

Table 4<br />

Evolution in number of cases of prior approval<br />

Types of <strong>de</strong>cision<br />

40<br />

30<br />

50<br />

68<br />

46<br />

82<br />

Graphic 4<br />

0 500 1 000 1 500 2 000 2 500<br />

Number of cases<br />

Refusal of the Prior approval implies that the expense of the respective act or contract be blocked,<br />

wholly or in part. In 2008, the total value of contracts refused the prior approval came to 631.5 million<br />

Euros, corresponding to approximately 11,1% of the value of cases subject to the Prior approval. See<br />

Table 5, which also presents this information for 2006 and 2007. Furthermore, the biggest impracticable<br />

expense volume is attributed to contracts of financial nature sent by the Local Authorities, treated<br />

by Headquarters, and to supplies of the Regional Administration of Ma<strong>de</strong>ira, treated by the RCM.<br />

Of the entities subject to a priori control by the Court of Auditors, the following submitted cases for the<br />

Prior approval: 782 in 2006, 766 in 2007 and 770 in 2008 (Table 5).<br />

16<br />

Years<br />

2006 2007 Var % 2008 Var %<br />

Refused the Prior Approval 89 46 -48,3% 68 47,8%<br />

Prior Approved 2 065 1 660 -19,6% 1 679 1,1%<br />

Tacitly Prior Approved 50 30 -40,0% 40 33,3%<br />

Total en<strong>de</strong>d 2 204 1 736 -21,2% 1 787 2,9%<br />

1 679<br />

1 660<br />

3 143<br />

2008<br />

2007<br />

2006


HQ and<br />

RCA<br />

RCM<br />

. Indication of industrial or tra<strong>de</strong>marks on quantity bills;<br />

17<br />

<strong>Tribunal</strong> <strong>de</strong> <strong>Contas</strong><br />

Table 5<br />

Evolution in expenses subject to the Prior approval impracticable from 2006 a 2008<br />

Number<br />

Number of<br />

of cases<br />

entities<br />

involved<br />

2006 2007<br />

Expenses<br />

involved<br />

Expense of refused<br />

Cases<br />

Number<br />

cases<br />

No.<br />

of entities<br />

involved<br />

Expenses<br />

involved<br />

Expense of refused<br />

cases<br />

(amounts: in million Euros<br />

HQ 1 959 704 2 887 356 73 921 2,6% 1 507 672 2 467 952 89 060 3,6% 1 504 669 4 934 595 547 746 11,1%<br />

RC 142 56 199 379 12 600 6,3% 109 57 1 451 076 16 435 1,1% 160 63 228 919 425 0,2%<br />

RC 103 22 136 118 4 882 3,6% 120 37 312 808 1 294 0,4% 123 38 548 468 83 364 15,2%<br />

Total 2 204 782 3 222 852 91 403 2,8% 1 736 766 4 231 835 106 789 2,5% 1 787 770 5 711 982 631 535 11,1%<br />

When exercising a priori control, and when faced with the illegality that alters or can alter the respective<br />

financial result, the Court may conce<strong>de</strong> the Prior approval with recommendations to the<br />

services and bodies in the sense of suppressing or avoiding such illegalities in the future (in 2008, 152<br />

cases were prior approved with recommendations – 126 at Headquarters, 11 at the RCA and 15 at<br />

the RCM).<br />

The following main illegalities were <strong>de</strong>tected, among others (some were already <strong>de</strong>tected in the refusal<br />

of the prior approval), in the contracts submitted for the Prior approval to the Court in 2008 and<br />

which resulted in the prior approval with recommendations:<br />

. Disregard for the minimum period prescribed for the presentation of proposals, violating point 2 of article<br />

83.º of the DL 59/99, of 2 March;<br />

. Inappropriate advertising in ten<strong>de</strong>r procedures and in clarifications;<br />

. Infringement of point 1 of article 60.º of the DL 59/99, of 2 March, because there were no appointments,<br />

proceedings by proceedings and nominally, of the members of the respective ten<strong>de</strong>r advisory committees;<br />

. Illegal exclusion of competitors during the phase of opening and analysis of proposals, violating articles<br />

57 and 94 of DL 59/99, of 2 March;<br />

. Consi<strong>de</strong>ration of the information pertaining to the technical and financial capacity of competitors during<br />

the evaluation phase of the proposals, violating point 3 of article 100 of DL. 59/99, of 2 March and point 3<br />

of article 55 of DL 197/99, of 8 June;<br />

. Ina<strong>de</strong>quate statement of reasons for the report of the technical and financial capacity analysis, as well as<br />

for the report of the proposals analysis, violating article 98, point 5, and article 100, point 2, of the DL<br />

59/99, of 2 March;<br />

. Awarding ma<strong>de</strong> without respecting the previously established weighting factors in the ten<strong>de</strong>r pieces that<br />

the contracting entity boun<strong>de</strong>d itself;<br />

. Non autonomization of the item regarding the assembling and dismantling of the constructional plant, disregarding<br />

point 3 of article 24 of the DL 59/99, of 2 March;<br />

. Assessment of the technical and financial capacity of the competing bid<strong>de</strong>rs disregarding for the indicators<br />

of the general liquidity and financial autonomy and the respective reference values foreseen by the<br />

applicable Ordinance;<br />

. Indication, in the proceedings pieces, of industrial or tra<strong>de</strong>marks, regarding assets to be incorporated in<br />

the ten<strong>de</strong>r public works.<br />

In general, most situations were characterized by a high level of compliance for the recommendations<br />

formulated by the Court during controls conducted in previous years.<br />

However, in 2008, the prior approval was refused to 5 contracts, at the Headquarters, due to noncompliance<br />

with the former years’ recommendations:<br />

No.<br />

cases<br />

No.<br />

of entities<br />

involved<br />

2008<br />

Expenses<br />

involved<br />

Expense of refused<br />

cases


. Supply, by the contracting entity, of ten<strong>de</strong>r pieces with prices higher than its true cost;<br />

. Requirement of the contractor registration.<br />

Also at the RCM, there were 5 cases of recommendations non compliance, which has <strong>de</strong>termined the<br />

prior approval refusal to the respective contracts.<br />

Ordinary Appeals<br />

The final <strong>de</strong>cisions regarding refusal, concession and exemption from the Prior approval, as well as<br />

the final <strong>de</strong>cisions related to the fees calculated by the Court, including those given by the Regional<br />

Chambers, can be contested through appeal to the plenary sitting of the 1 st Chamber – ordinary<br />

appeal.<br />

Table 6<br />

Ordinary appeals – movement of cases in 2008<br />

Ordinary appeals and<br />

type of <strong>de</strong>cision<br />

Headquarters<br />

1 st Origin<br />

Regional Chambers<br />

Chamber Azores Ma<strong>de</strong>ira<br />

Carried over from 2007 7 1 8<br />

Distributed in 2008 28 1 8 37<br />

Total for judgment in 2008 35 1 9 45<br />

Preliminary dismissal<br />

Judged well-foun<strong>de</strong>d 1 1 2<br />

Judged ill-foun<strong>de</strong>d 17 3 20<br />

Other situations 2 2<br />

Total <strong>de</strong>cisions in 2008 20<br />

With this aim in view, in 2008, 37 appeals were lodged (8 more than in 2007) and 24 judgements<br />

were given in ordinary appeal cases brought forth due to a priori control activity. Of these, 2 appeals<br />

were consi<strong>de</strong>red well-foun<strong>de</strong>d, repealing the contested judgment, and 20 ill-foun<strong>de</strong>d, confirming<br />

the contested judgement. Two appeals were preliminary dismissed and other of the appeals terminated<br />

due to other motives. See Table 6.<br />

The majority of the appeals resulted from public works and supply cases – see the following table (table<br />

7).<br />

18<br />

TOTAL<br />

4 24<br />

Carried over to 2009 15 1 5 21


Table 7<br />

Ordinary appeals – <strong>de</strong>cisions by type of procedure in 2008<br />

Type of <strong>de</strong>cision<br />

Preliminary dismissal<br />

Public workscontracts<br />

Acquis.<br />

of property<br />

2.3. CONCOMITANT FINANCIAL CONTROL<br />

19<br />

Supplies Financial<br />

Nature<br />

<strong>Tribunal</strong> <strong>de</strong> <strong>Contas</strong><br />

Concomitant control, of the competence of the 1 st Chamber, is exercised through audits of administrative<br />

procedures related to acts which imply personnel expenses and to contracts which should not be<br />

sent for a priori control by Act, as well as the execution of prior approved contracts, and to financial<br />

activity before the closure of the respective management, of the competence of the 2 nd Chamber, in<br />

addition to both of the above being of the competence of the Regional Chambers.<br />

Following the entry into force of Act no. 48/2006, of 29 th August, which altered Act 98/97, the additional<br />

contracts to prior approved contracts became exempt from a priori control. Nevertheless, they may<br />

raise the accomplishment of concomitant audits. According to the same Act, the mandatory nature of<br />

the <strong>de</strong>livery of these contracts to the Court should occur within the period of 15 days from the beginning<br />

of its starting date, and the Court, within the scope of their analysis, may <strong>de</strong>termine the accomplishment<br />

of audits to them<br />

In 2008, 833 additional contracts were admitted to the Court of Auditors, with the overall value of €<br />

83 026 222, at the Headquarters; 65 with a value of € 10 533 036, at the RCA; and 18 with a value of<br />

€ 5 302 512, at the RCM. Within the context of their analysis, the Court <strong>de</strong>termined the un<strong>de</strong>rtaking<br />

of 35 new audits (32 at headquarters, 2 at RCA and 1 at RCM), involving Central, Local and Regional<br />

Administration entities.<br />

Concomitant control, by focusing on the procedures in progress, simultaneously behaves in a preventive<br />

and educational perspective. It allows that the acts and contracts be sent for a priori control<br />

when illegalities are <strong>de</strong>tected in the respective cases.<br />

The audit reports of the concomitant control may also result in the verification of the respective account<br />

and in enforcement of financial responsibilities procedure.<br />

In 2008, 55 selective audits within the concomitant control were conclu<strong>de</strong>d with the approval of<br />

the respective report (47 at Headquarters, of which 40 were carried over from former years, 5 at the Regional<br />

Chamber of Azores and 3 at the Regional Chamber of Ma<strong>de</strong>ira, one of which was of recommendations<br />

follow-up). 87% of those audits were un<strong>de</strong>rtaken to additional contracts. In the Annex I,<br />

there is a list of these audits, as well as some of the main observations and recommendations issued<br />

within the scope of them.<br />

Other<br />

Judged well-foun<strong>de</strong>d 1 1 2<br />

Judged ill-foun<strong>de</strong>d 7 6 4 3 20<br />

Other situations 2 2<br />

Total <strong>de</strong>cisions in 2008 9<br />

Type of procedure<br />

Total<br />

7 5 3 24


Table 8<br />

Concomitant Audits in 2008<br />

Carried over<br />

from<br />

former years<br />

Initiated<br />

Headquarters 64 33 47 6 44<br />

Regional Chamber of Azores 4 4 5<br />

Regional Chamber of Ma<strong>de</strong>ira 2 6 3<br />

TOTAL 70 43 55 6 52<br />

Of the audits conducted by the 1 st Chamber, the Court found additional contracts whose Works were<br />

not legally consi<strong>de</strong>red as “additional Works” according to article 26 of the DL 59/99, of 2 March. Thus,<br />

not being possible private treaty, it was left out the previous proceedings legally appropriated based<br />

on the contract value (the ten<strong>de</strong>ring procedure or restricted procedure with notice publication), in terms<br />

of the paragraph a) of point 2 of article 48 of the mentioned clauses.<br />

In tackling it, the Court recommen<strong>de</strong>d rigour in the preparation and control of the public Works projects<br />

and the accomplishment of the legal constraints that rule the public Works contracts, namely articles<br />

14, 26 and 4 of DL 59/99, of 2 March, and, at present article 370 and subsequent of the Public<br />

Contracts Co<strong>de</strong> (PCC).<br />

In regard to RCA, it is worth mentioning the audit to the Directorate Regional of Culture and In<strong>de</strong>pen<strong>de</strong>nt<br />

Entities – 2007 personnel procedures, which aimed the verification of the legality and<br />

regularity of acts practiced in invitation to ten<strong>de</strong>r for the entering and promotion of officials, as well as<br />

in proceedings connected with ren<strong>de</strong>ring service contracts with natural persons. It covered the Directorate<br />

Regional of Culture – Central Services, the Regional Cultural Action Fund, the Public Library<br />

and the Ponta Delgada Regional Archive.<br />

Within the ambit of this work, the Court noted that: <strong>de</strong>pendant work was improperly executed through<br />

ren<strong>de</strong>ring services contracts, in the piecework modality; in the purchase of cleaning services there<br />

were neglected the pre-contractual obligations based on the correspon<strong>de</strong>nt value; budgetary information<br />

was not given in proceedings regarding invitation to ten<strong>de</strong>r entrance, access ten<strong>de</strong>ring invitations<br />

and purchase of services; and in the proceedings connected with promotions the budgetary information<br />

was based on the difference between the current expense regarding the remuneration obtained in<br />

the source category and the expense correspon<strong>de</strong>nt to the <strong>de</strong>stination remuneration (remunerative<br />

growth value), which did not emphasize all expenses.<br />

In the sight of this, the Court recommen<strong>de</strong>d that: the personnel recruitment to fulfil the permanent<br />

labour requirements (<strong>de</strong>pendant work) should not be accomplished by the award of services ren<strong>de</strong>ring<br />

contracts; regarding the purchase of services it should be executed the a<strong>de</strong>quate pre-contractual<br />

procedure based on the estimated value of contract; and in personnel recruitment cases, regarding<br />

the use of the spending appropriations, it should be indicated their a<strong>de</strong>quate provisions and be<br />

registered the respective phase (captivation of the appropriation aiming the expenditure execution).<br />

Additionally, the audit carried out to the Municipality of Machico, following-up the recommendations<br />

issued in a 2005 report and conclu<strong>de</strong>d that 79% of the 19 recommendations were complied. Notwithstanding,<br />

the Court found that the Municipality did not adopt remedial measures tending to abandon<br />

illegal practices in the commitment of expenditure and un<strong>de</strong>rwrite the assets, persisting in the expendi-<br />

20<br />

Conclu<strong>de</strong>d<br />

with approved<br />

report<br />

Extinct /<br />

shelved<br />

cases<br />

To be carried<br />

over for<br />

next year<br />

3<br />

5


21<br />

<strong>Tribunal</strong> <strong>de</strong> <strong>Contas</strong><br />

ture splitting during the award of services. Thus, the Court reiterated the recommendations previously<br />

issued falling on the same matters.<br />

Within the sphere of concomitant control, the Court inferred irregularities amounting 19,21 million of Euros,<br />

resulting essentially from: the object of the additional contracts to the initial contracts, as well as their grounding<br />

do not enable it to consi<strong>de</strong>r that they are in whole or in part additional work; non-observance of the consignment<br />

to the Court of additional to prior approved contracts in 15 days time-limit counting from its implementation<br />

beginning; disregard for the previous provision by the expenditure authorization and of the registration<br />

of the commitments un<strong>de</strong>rtaken before third parties; and the awarding of services in the margin of the<br />

legal framework which gui<strong>de</strong>s the commitment of public expenditure.<br />

Recommendations compliance – Activity Impact<br />

In relation to the recommendations issued in the approved reports of this area, whose compliance<br />

was known in 2008, it is worth mentioning, amongst others, the following:<br />

� Accounting exemption, by the Ma<strong>de</strong>ira University (UMa), of the un<strong>de</strong>rtaken commitments after the appropriate<br />

previous provision information has been drawn up in the expenditure authorization document, performing,<br />

thus, the settled in article 45, no. 1, of the Budgetary Framework Act - BFL, and in article 13 of the Decree-<br />

Act 155/92, of 28 of July;<br />

� Compliance, by the UMa, of the prescribed in articles 15 and 16 of the University Teaching Career Statute<br />

(SUTC), either as to assistant lecturer, as to visiting professor;<br />

� Compliance, by the Municipality of Porto Moniz, of the foreseen by point 2.6.1. of National Plan of Accounts<br />

for Local Authorities- NPALA, in view of the commitment and registering of the expenditure provision<br />

phase, indicating the adopted measures for the effect;<br />

� Verification, by the Municipality of Porto Moniz, of the taxpayers’ situation before the social welfare or social<br />

security institutions, as it is <strong>de</strong>termined in the article 11, no. 1, of the DL no. 411/91, of 17 October;<br />

� Implementation, by the Municipality of Porto Moniz, of the regime established by the DL no. 197/99, of 8<br />

June, concretely, as to the statement of reasons for resorting to the private treaty based upon the article 86,<br />

no. 1, paragraph d), to the accomplishment of the awarding procedures required by Act based on the estimated<br />

value of the contract to be conclu<strong>de</strong>d, and to the expenditure and proceedings authorization by the empowered<br />

entity;<br />

� Compliance, by the Regional Secretary for the Social Affairs, of the incompatibility regime applicable to<br />

the members of the Ma<strong>de</strong>ira Regional Government, as it is consecrated in the DL no. 196/93, of 27 May.<br />

2.4. SUCCESSIVE FINANCIAL CONTROL<br />

Successive control, competence of the 2 nd Chamber and Regional Chambers, is exercised after the<br />

financial year or management has en<strong>de</strong>d and the annual accounts have been prepared.<br />

One of the main forms of successive control consists in the assessment of the implementation of the<br />

State Budget (SB) and occurs through the preparation of the Opinion on the General State Account<br />

(GSA), including Social Security, whose approval is the responsibility of the General Plenary Sitting of<br />

the Court (in the Regional Chambers, the Opinion is prepared on the respective Autonomous Region<br />

account, approved by a Special Collective which meets at the headquarters of each Regional Chamber<br />

for this effect).<br />

Given that the Opinions on the General State Account and Autonomous Region accounts are an important<br />

part of the Court’s activity, this has been assumed for the three-year period 2008-2010 as<br />

one of its strategic priorities: Continue with efforts to reformulate the Opinions on the General<br />

State Account and accounts of the Autonomous Regions, namely regarding public finances sus-


tainability and articulation between Public and National Accounting. The Opinion, preceding the analysis<br />

and assessment of the GSA, presents the economic and financial background of the budget implementation,<br />

at national and international levels, as well as an assessment of the sustainability issues<br />

resulting from State financial activity.<br />

During the preparation of the Opinion, the Court assesses the State’s financial activity in the areas of<br />

revenue, expenses, liquidity, use of public money and assets, including financial flows with the European<br />

Union (EU) and between the State Budget and State Owned Companies Sector.<br />

Successive control competence is also exercised through the:<br />

� carrying out of audits on the legality, regularity, appropriate accountability, sound financial management,<br />

performance and internal control systems and on any other nature based on certain<br />

acts, procedures and partial or overall financial management aspects or on horizontal issues;<br />

� external verification of accounts (EVA) of Public Administrative Sector (PAS) entities aimed at<br />

establishing the numeric statement of the operations, and may evaluate the internal control systems<br />

and examine the legality, efficiency and effectiveness of financial management;<br />

� internal verification of accounts of the PAS entities, which consists in the analysis and crosschecking<br />

of the accounts, only for the numeric statement of the operations inclu<strong>de</strong>d in the management’s<br />

<strong>de</strong>bit and credit, indicating the opening and closing balances.<br />

The successive control comprises all the domains of the Public Sector activity, either the PAS or the<br />

SOCS, as well as the spending of public money by the Private Sector.<br />

In the course of 2008, the Court of Auditors has maintained the attention to the fight against fraud<br />

and corruption, namely throughout the verification of the existence and reliability of the internal control<br />

systems of the audited entities. It is of particular interest as for this domain potentiality, the audit to<br />

the Pharmacies billing internal control system and the audit to the control system of the incurred operations<br />

within the ambit of the building heritage – 2007.<br />

Summary of the activity <strong>de</strong>veloped<br />

During 2008, the Opinions on the 2007 General State Account and 2006 Autonomous Region<br />

accounts were conclu<strong>de</strong>d by the Headquarters and Regional Chambers, as well as the opinions on<br />

the 2007 accounts of the Assembly of the Republic and Legislative Assemblies of the Autonomous<br />

Regions; 90 audits 1 (69 at Headquarters, 13 at the RCA and 8 at the RCM) were carried out within<br />

various areas of action; the external verification of 3 accounts (1 at Headquarters and 2 at the<br />

RCM) was ma<strong>de</strong>; and there were 467 internal verification of accounts, of which 458 were ratified<br />

(359 at Headquarters, 29 at the RCA and 70 at the RCM) and 9 were refused ratification (7 at Headquarters<br />

and 1 at RCA and 1 at the RCM). In the Annex II, there is a list of the conclu<strong>de</strong> audits, as well<br />

as some of the main observations and recommendations issued by the Court in the same ambit.<br />

The following graphs present the distribution of the audits and EVA conclu<strong>de</strong>d by areas of action and<br />

typology<br />

1 See List of audits carried out at the end of point 2.4, most of which are presented on the PCA Internet web page:<br />

www.tcontas.pt<br />

22


PAS -Local<br />

Administration<br />

40<br />

35<br />

30<br />

25<br />

20<br />

15<br />

10<br />

Analysis of the Activity<br />

5<br />

0<br />

Graph 5<br />

Audits and EVA conclu<strong>de</strong>d in 2008, by areas of action<br />

SOCS - State<br />

11<br />

12<br />

6<br />

SOCS - Local<br />

Administration<br />

Graph 6<br />

Audits and EVA conclu<strong>de</strong>d in 2008, by typology<br />

3<br />

21<br />

Project or System-based Financial Horizontal Comprehensive Op. or<br />

programme<br />

results<br />

6<br />

Opinion 2006 AAR<br />

PAS - State<br />

51<br />

SOCS - State Owned Companies Sector<br />

PAS - Public Administrative Sector<br />

3<br />

23<br />

1 Opinion 2007 GSA<br />

15<br />

Selective EVA<br />

<strong>Tribunal</strong> <strong>de</strong> <strong>Contas</strong><br />

The activity carried out is analyzed by reference to: audit results and verifications of accounts, within<br />

the context of the preparation of the Opinions on the General State Account and Autonomous Region<br />

accounts, as well as within the Public Administrative Sector and State Owned Companies Sector.<br />

GENERAL STATE ACCOUNT (GSA) AND ACCOUNTS OF AUTONOMOUS REGION<br />

(AAR)<br />

The Opinion on the 2007 GSA, which inclu<strong>de</strong>s the Opinion on the Social Security Account, was<br />

prepared in 2008 and approved in the General Plenary of 19 th December 2008. The Opinions on the<br />

2006 Autonomous Region accounts of Azores and Ma<strong>de</strong>ira were approved by the Special Collective<br />

established in no. 1 of article 42 of OPLCA, respectively in the sessions of 13 June and 12 March<br />

2008.<br />

10<br />

5<br />

39<br />

3


In the Opinion on the 2007 General State Account, the Court of Auditors presented the conclusion of<br />

an action about the I<strong>de</strong>ntification of the State main creditors, in 31 December 2007, concerning<br />

the supply of goods and services and characterization of the respective <strong>de</strong>bts (non financial <strong>de</strong>bts).<br />

The <strong>de</strong>bt reported by the <strong>de</strong>btor public entities, with reference to 31 December 2007 and above € 5<br />

thousand per creditor, was of 2 006,7 million Euros, corresponding to an <strong>de</strong>crease of 13,3 million<br />

Euros (19%) regarding the same 2006 period. However, the entities attached to the Ministry of Health<br />

registered the bigger rise of 41,3 million Euros, though lesser than in the former year.<br />

Of the 7457 State creditors nominally i<strong>de</strong>ntified, after the creditor entities confirmation, the list of the<br />

49 entities to which the State owed, by the referenced date, amounts above € 5 million Euros for<br />

supply of goods and services was divulged.<br />

The Government, recognizing that the payments <strong>de</strong>lays regarding the commercial transactions are<br />

susceptible of generate negative repercussions on the economic agents’ activity, has strengthened the<br />

warranty of the payment to the State creditors, by creating a programme of "extraordinary regularization<br />

of capital <strong>de</strong>bt to suppliers ". Thus, the Court expects that the situation, next year, will be<br />

different in relation to the conclusions enhanced in the last GSA Opinions.<br />

During the preparatory work of the Opinion on the 2007 General State Account, 15 selective audits<br />

were conclu<strong>de</strong>d at Headquarters, specifically oriented for the Opinion. Of these, 7 also had an<br />

approved autonomous report.<br />

Amongst the remain<strong>de</strong>rs, the following audit, of particular interest in the area of expense control, was<br />

carried out to the financial assistance granted by the National Authority for Civil Protection, in<br />

2007.<br />

Within the same context, the Court observed that from 1989 to 1999 were celebrated protocols between<br />

the National Service for Fire, now National Authority for Civil Protection, and several humanitarian<br />

associations for fire, intending to contract communication operators in or<strong>de</strong>r to ensure that organization<br />

functioning. Generically, the protocols contemplated that staff, selected by the National Service<br />

for Fire, conclu<strong>de</strong>d contracts with the humanitarian associations for fire. The correspon<strong>de</strong>nt costs (including<br />

administrative expenditure) are affor<strong>de</strong>d by the mentioned entity. In a similar way, in 2005, the<br />

National Service for Fire /National Authority for Civil Protection conclu<strong>de</strong>d protocols with the humanitarian<br />

associations for fire, in or<strong>de</strong>r to contract the necessary staff to integrate the aerial centres and in<br />

2007 to create two special companies for fire.<br />

This atypical regime which has been addressed for the satisfaction of the staff necessity, not predicted<br />

by the management staff, never was the i<strong>de</strong>al solution, neither the more economic. Uncharacterize,<br />

also, that authority budgetary implementation and, thus, the General State Account, including in the<br />

economic classification "04 – Current transfers" expenses that, in its essence, are staff remunerations.<br />

As a result of these conclusions, the Court recommen<strong>de</strong>d the Government that clarified this staff juridical<br />

framework, so that the economic classification of the expenditure, now current transfers for private<br />

institutions, may be classified as staff costs.<br />

In addition to the transferred sums to the humanitarian associations for fire, regarding the mentioned<br />

staff remuneration, there were observed control failures, namely, lack of documentation essential to<br />

the control of that staff expenses, errors and slips, as well as the payments of amounts as a way of<br />

covering the administrative expenditure that excee<strong>de</strong>d the foreseen in the protocols. The indicated<br />

lack of documentation affects significantly the control exercised by the National Authority for Civil Protection,<br />

and for that reason the Court consi<strong>de</strong>red that the protocols must contemplate sanctions for<br />

those associations whenever there is a reiterated non compliance.<br />

As far as the revenue control is concerned, the audit to the public revenue collecting by collaborator<br />

entities (Banks, Portugal Post-Office – PPO, Inter-banking Services Society – ISS and Registration<br />

and Notaries Institute), that meant to assess to what extent collaborator entities comply with the com-<br />

24


25<br />

<strong>Tribunal</strong> <strong>de</strong> <strong>Contas</strong><br />

mitted contractually with the State, regarding the ren<strong>de</strong>ring collection information and the <strong>de</strong>adlines<br />

compliance, as well as, the control implemented by the State Treasury manager and if there is not<br />

compliance, the appropriate sanctions are being applied.<br />

The analysis focused on three aspects essential to the control of the ren<strong>de</strong>ring conditions of the collection<br />

service, namely, the collection costs, the <strong>de</strong>adlines for the collection information ren<strong>de</strong>ring and the<br />

<strong>de</strong>adlines for the collected funds transfer.<br />

The main observations indicated that the State Treasury manager’s control (Institute for the Treasury<br />

and Public Credit Management – IGCP) on the collection service costs by the collaborator entities was<br />

insufficient and untimely and that the <strong>de</strong>adlines compliance for transferring funds collected by the collaborator<br />

entities to the Treasury current account, in the Bank of Portugal, was not regular neither<br />

timely.<br />

The Court recommen<strong>de</strong>d the State Treasury manager’s control on the collection service costs by the<br />

collaborator entities and on the <strong>de</strong>adlines compliance for transferring funds by the collaborator entities<br />

to the Treasury current account, in the Bank of Portugal should be performed in a effective and timely<br />

way.<br />

Apart from the audits, the preparatory work for the Opinion on the GSA also consisted in the un<strong>de</strong>rtaking<br />

of 21 internal analysis actions related to various areas, such as: budgetary amendments;<br />

global expenses; public <strong>de</strong>bt; financial flows between the SB and SOCS and between the European<br />

Union and Portugal; financial assets; cash operations; building heritage; tax exemptions or reductions<br />

and account closure operations.<br />

The audits carried out within the scope of the control of the (CADIEP) Central Administration Development<br />

Investment and Expenses Program, Communitarian Funds, Social Security and Health<br />

contributed for the preparation of the Opinion on the GSA, which inclu<strong>de</strong>s the Opinion on the Social<br />

Security Account.<br />

For the preparation of the Opinion on the 2006 account of the Autonomous Region of Azores, 1<br />

selective audit and 17 internal analysis actions were un<strong>de</strong>rtaken investigating various issues. The<br />

Opinion on the 2007 account of the Legislative Assembly of the Autonomous Region of Azores<br />

was also prepared.<br />

For the Opinion on the 2006 account of the Autonomous Region of Ma<strong>de</strong>ira 1 system-based audit<br />

and 7 internal analysis actions. The Opinion on the 2007 account of the Legislative Assembly<br />

of Ma<strong>de</strong>ira was also prepared.<br />

In preparatory work for the GSA Opinion and ARA Opinions, the Court establishes the amount of the irregularities<br />

<strong>de</strong>tected. Without being exhaustive, it could be asserted that the amount of the <strong>de</strong>tected irregularities<br />

reaches 609,4 million Euros, resulting, mostly, from payments incurred according to articles 108 and 109 of<br />

the 2007 BFL. Those payments were not estimated and had been incurred through Treasury specific operations,<br />

and overvaluation of communitarian revenues due to systematic overbooking.<br />

Recommendations Compliance – Activity Impact<br />

Some of the Court recommendations issued in previous years or in 2008, within the scope of the GSA<br />

Opinion, whose compliance the Court was notified in 2008, are listed below:<br />

� Definition, by the Directorate Regional of Education of Lisbon and Tagus Valley (DRELVT), of a set of rules<br />

that contributed for a greater uniformity in granting financial assistance;


� Within mass media ambit, alteration in the payment method of the specific incentives, putting an end to the<br />

preceding situation in which the beneficiaries did not furnish proof of the conce<strong>de</strong>d assistance;<br />

� Attribution of the authorization for the purchase and exchange offering of public <strong>de</strong>bt securities to Government,<br />

and not to IGCP, IP (see BSL for 2009).<br />

� Realization of the operations of GSA closing by DGB in the capacity of responsible entity for the establishment<br />

of those operations, for the budgetary implementation control, for the GSA coordination and centralization<br />

of the respective accounting;<br />

� Critical Appreciation of the data clearance of the <strong>de</strong>claration form 32 and of the Annex H of the <strong>de</strong>claration<br />

form 3 of the Personal Income Tax, in or<strong>de</strong>r to assure the reliability of the given information;<br />

� Timely remittance to the Directorate General of Customs of the follow-up and verification reports from the<br />

entities responsible for the contractual investment projects management;<br />

� As for the Building Heritage, distinction, within the sphere of the classification of expenditure, between the<br />

building acquisition and maintenance or repair.<br />

Follow-up of the Budgetary Implementation<br />

According to the article 36 of the OPLCA, the Court has followed-up the budgetary implementation<br />

by preparing interim reports. Thus, fulfilling that mission, it took place the continuity of the follow-up of<br />

the State Budget implementation (expenditure and revenue) and of the Social Security Budget implementation,<br />

for 2007 and for 2008, having been prepared 3 reports concerning Social Security (3rd<br />

2007 quarter, year 2007, 1st quarters of 2008) and 1 regarding the revenue implementation.<br />

As a result of the Social Security Budget implementation follow-up, it should be pointed the following<br />

conclusion: the investments that have been carried out within the sphere of the Social Security<br />

Financial nformation System (SSFIS), <strong>de</strong>spite the high resources involved (material and human),<br />

throughout a long period of exten<strong>de</strong>d time, do not enable the follow-up and analysis of the consolidated<br />

budgetary implementation of the SS system, from the SSFIS, with the appropriate coherence,<br />

quality, time relevance and reliability. On the other hand, even if there are improvements in relation to<br />

the SSFIS operability, the financial data, essential for the preparation of those reports, are still obtained<br />

from extra-accounting maps manually set by SSFMI and not directly from the SSFIS data. This<br />

process is, therefore, provisional and little reliable, not allowing the PCA to validate them.<br />

PUBLIC ADMINISTRATIVE SECTOR<br />

CADIEP, RADIEP and Community Funds and economic functions (agriculture, environment,<br />

public works and transports)<br />

Within the area of control of the investment and <strong>de</strong>velopment expenses of the Central Administration<br />

(CADIEP) and Regional Administration (RADIEP), community funds and economic<br />

functions audits (2 financial and 6 of programme or projects) and 1 project report of Follow-up of<br />

the CADIEP implementation, by the Headquarters, and 4 audits (2 selective and 2 system-based<br />

audits) by the Regional Chamber of Azores (RCA) were carried out.<br />

The Court, at the Headquarters, followed-up 7 audits carried out by the European Court of Auditors<br />

(ECA) and accomplished several actions regarding the preparation of other audits to be performed<br />

by the ECA.<br />

Amongst the audits carried out, the following is of particular interest: audit to the CADIEP Budgetary<br />

Programme "P001 – Information Society and e-Government ", with the objective of assessing the<br />

economy, efficiency and effectiveness of public monies, as well as the regularity and legality of the<br />

procedures un<strong>de</strong>rlying its implementation.<br />

26


27<br />

<strong>Tribunal</strong> <strong>de</strong> <strong>Contas</strong><br />

It was noted that, in the course of nine years on the conclusion of the Procurement Public Contracts,<br />

the initial object of the contract has been displaced before the fast and profound technical evolution of<br />

the covered products and services, while, on the other hand, public market kept narrow to the contracted<br />

suppliers, granting its hol<strong>de</strong>rs priority. This situation created an oligopoly and significant competition<br />

restrictions concerning State provision.<br />

For that reason, the Court has recommen<strong>de</strong>d that it has to be encouraged competitiveness in contracting<br />

informatics goods and services supplies, stimulated competition and enhanced savings, and<br />

simultaneously it has to be provi<strong>de</strong>d the termination of the Procurement Public Contracts conclu<strong>de</strong>d<br />

as the result of public ten<strong>de</strong>ring procedure opening in 1 of April 1998.<br />

It should also be pointed out that the Unity for the Innovation and Knowledge Mission (UMIC) collects<br />

statistic information on Innovation and Knowledge society through inquiry operations, which allow<br />

it to follow the Programme indicators at a macro level, but does not enable a more <strong>de</strong>tailed followup,<br />

making impracticable the economy, efficiency and effectiveness assessment of the expenditure<br />

commitment. If the Programme indicators are not, mostly, related with the established objectives for<br />

each project, it is not possible to conclu<strong>de</strong> on how their implementation has contributed for the accomplishment<br />

of the fixed objectives. Consequently, the results of the projects investments will be different<br />

from the action effects and external factors. Therefore, the Court recommen<strong>de</strong>d the <strong>de</strong>finition,<br />

for the programme, of objectives and indicators that enable the verification of its implementation <strong>de</strong>gree<br />

and evaluate the economy, efficiency and effectiveness of the committed expenses.<br />

Of un<strong>de</strong>rlined interest is the audit to the Programme Contract of Touristic Promotion – DRT/ATA,<br />

performed by RCA, whose objective was to verify the programme contract implementation regarding<br />

the execution of the Azores promotion plan as quality touristic <strong>de</strong>stiny, during the period between<br />

01/01/2006 and 31/03/2007. This programme involved the attribution of a financial assistance, from<br />

the Regional Administration, to ATA, amounting € 5 150 000,00. The audit covered the Directorate<br />

Regional for Tourism (DRT) and the Azores Tourism Association (ATA).<br />

The Court verified that, <strong>de</strong>spite the former recommendation, the DRT does not possess a reliable follow-up<br />

and examination system of the public monies performance, which enable to certify expenditure<br />

covered by programme contracts. However, when organizing the application process, as well as during<br />

the programme contract implementation, the regime foreseen by RLD 30/2006/A, of 8 August was<br />

not always applied. The documents and the registrations referred to the expenses contemplated in the<br />

sample did not reveal irregularities materially relevant. Nevertheless, it was noted that, in the precontractual<br />

proceedings, ATA has resorted systematically to private treaty.<br />

So, the Court recommen<strong>de</strong>d the full compliance of the legal clauses regulating the procedure of the<br />

Programme contracts application and implementation, foreseen by the RLD no. 30/2006/A, of 8 August,<br />

the implementation of a control system able to follow-up effectively the Programme contracts<br />

execution and the commitment of the programme contract procedure and coming into force terms coinci<strong>de</strong><br />

with the beginning of the execution actions.<br />

Within the sphere of the CADIEP, RADIEP and Community Funds and economic functions, there<br />

<strong>de</strong>tected irregularities amounting 130 million euros, which had basically to do with the infringement of the<br />

public contracts rules, namely, the disregard for pre-contractual proceedings legally required, the sub-factors<br />

establishment for the award criterion not <strong>de</strong>man<strong>de</strong>d in the procedure programme, the use of ten<strong>de</strong>r evaluation<br />

factors that respected to the bid<strong>de</strong>r’s evaluation, the expenditure splitting and expenditure authorization for an<br />

entity without jurisdiction and also undue payments.


Recommendation Compliance – Activity impact<br />

In 2008, within the scope of the Works of CADIEP, RADIEP and Community Funds and economic<br />

functions, the following recommendations, among others, were complied:<br />

� Compliance, by HIMT – Harbour Institute For The Maritime Transports, P. I., of the established in the<br />

STR, approved by the DL no. 191/99, of 5 June, as for the importance of the own revenues daily collected be<br />

<strong>de</strong>posited in DGT accounts and all payments incurred by the withdrawal of those accounts, and the <strong>de</strong>termined<br />

in the budgetary implementation <strong>de</strong>cree-Acts, in relation to the <strong>de</strong>livery in the State Coffers of the earnings<br />

yield with <strong>de</strong>posits in the commercial bank;<br />

� Implementation, by the National Institute for Civil Aviation, of a control system for the contributive situation,<br />

before the Social Security, of the payments addressee, in the terms of article 17 of the DL no. 411/91, of<br />

17 October;<br />

� Control, by the Portugal Roads, plc, of the bank guaranties and of the immediate <strong>de</strong>posit of the discounts<br />

applied in the payments addressed to the given bail reinforcement;<br />

� Sensitization, by the Management Authority for the Culture Management Programme, of the public addressee<br />

who have used the exclusively national assistance provisions to pay expenditure to be co-financed, in<br />

or<strong>de</strong>r to ensure corrective accounting movements after the financing. Therefore, the GSA and the Programme<br />

registers accounting information will be more coherent;<br />

� Accounting of the EU financial assistance and transfer exclusively by third parties accounts, without influencing<br />

the results;<br />

� Compliance, by the High Speed Rail Project, Plc (RAVE,Plc), with the communitarian rules relative to the<br />

respect for competition principle for the public contracts award, in all procedure, namely, in those involving<br />

communitarian financing, according to the article 7 of the Regulation (CE) no. 2236/95, of the Council, of 18 of<br />

September;<br />

� Adoption, by the Board of Directors of the Directorate General of the Road Safety (DGV) of measures<br />

that push on the established circuit of own revenue collection between the DGV and the DRA;<br />

� Elaboration and implementation, by the NCEL, of a Procedures Manual, in or<strong>de</strong>r to clarify, uniform and surpass<br />

the <strong>de</strong>tected problems regarding the compliance of accounting proceedings and of the public expenditure<br />

commitment and public procurement regimes, and sensitization of the entities for the importance of<br />

complying the applicable legislation on this matter;<br />

� Adoption, by the Strategic Planning and International Relations Office (SPIRO) and RAVE, Plc, of measures<br />

tending to ensure the regular, complete and updated information concerning the physical and financial<br />

component of the Project “High Speed Rail Project”, integrated in the Measure “Integration of the Territory<br />

Structuring Corridors in the Trans-European Transport Network”, of the Programme “CADIEP-Transports”,<br />

the processing of the information regarding the planning, management, implementation and control of the<br />

CADIEP projects promotes the coherence and its registration is appropriated and timely;<br />

� Taking of measures tending to confirm that the managers and the coordinator entities of the CADIEP Programmes<br />

register timely and completely the information and, a forteriori, analyze it a<strong>de</strong>quately and timely.<br />

In this area, the impact of the Court activity represented, also, in the compliance of the Treasury Unit principle<br />

by the IPTM through the account opening, from 2006, in the Treasury and the subsequent <strong>de</strong>livery in the<br />

State coffers of 201 469 Euros, concerning interests obtained in the commercial bank, in 2004.<br />

General Functions of Sovereignty<br />

Within the context of the General Functions of Sovereignty, by the Headquarters, 8 audits (1 financial,<br />

7 integrated) were carried out, one of which resulted in the 2007 Opinion of the Parliament<br />

account, 1 EVA, 2 preliminary studies to control actions and 1 instrumental action regarding the<br />

i<strong>de</strong>ntification of the main State creditors. The Regional Chamber of Azores (RCA) un<strong>de</strong>rtook 1 selective<br />

audit and the Opinion on the Regional Legislative Assembly account. The Regional Chamber of<br />

Ma<strong>de</strong>ira (RCM) conclu<strong>de</strong>d 2 audits (1 financial and 1 selective). Of these, the financial resulted in the<br />

28


29<br />

<strong>Tribunal</strong> <strong>de</strong> <strong>Contas</strong><br />

Opinion on the Regional Legislative Assembly Account, and 2 EVA to the 2006 and 2007 Regional<br />

Government Treasury Accounts.<br />

Within this domain, it should be enhanced the audit to the Inspectorate-General of the Justice Department<br />

(IGSJ), carried out on the request of the Assembly of the Republic, according to the point 4<br />

of the article 62 of the BFL, which aimed the assessment of the coordination and articulation level between<br />

the IGSJ and the strategic control bodies of the ICS – Internal Control System State of the Financial<br />

Administration, the verification of the corrective actions implemented as a result of the internal<br />

audit and the appreciation of the IGSJ management within the scope of its audit, inspection and control<br />

functions.<br />

The IGSJ integrates the ICS sector-based control, as a member of the respective Coordinator Council,<br />

and participates in the four Specialized Sections activities. The Court has noted that the audit execution<br />

<strong>de</strong>gree, in 2007, approximates the average settled in relation to the whole of the ICS members.<br />

However, there were verified criteria diverging between the IGSJ and the Coordinator Council as to<br />

the conclu<strong>de</strong>d actions calculation.<br />

The Court also conclu<strong>de</strong>d that, following the internal audit which i<strong>de</strong>ntified a set of fragilities in the internal<br />

control system, specifically, in the areas of available funds, capital assets and staff, the IGSJ<br />

implemented, immediately, several corrective measures. Consequently, the Court recommen<strong>de</strong>d the<br />

accomplishment of the remaining measures, namely, the conclusion and implementation of the Internal<br />

Proceedings Manual and of the Inspection Proceeding Regulation.<br />

It was as well observed that, though the indicators are insufficient, there is a 10% increase in 2007 and<br />

of 22% in 2008 in the IGSJ efficiency. Comparing the ratio of the conclu<strong>de</strong>d control actions with the<br />

planned ones changed from 37,5% in 2007 to 80% in 2008. Notwithstanding the progress meanwhile<br />

introduced in the activity indicators, the Court recommen<strong>de</strong>d the improvement in its gathering and<br />

treatment, especially as to programmed and used resources in or<strong>de</strong>r to confer greater reliability to the<br />

produced information.<br />

Irregularities valued at € 113 million Euros were <strong>de</strong>tected in this area, mainly due to high balances, in 2006<br />

and 2007, in all Marine projects which have overvalued the budgetary expenditure. Consequently,<br />

there was a high impact in the transparency of the public accounts and in each year GSA <strong>de</strong>ficit.<br />

Recommendations Compliance – Impact of the activity<br />

Concerning the issued recommendations, it should be un<strong>de</strong>rlined that the Court was notified in 2008<br />

of the following recommendations compliance:<br />

� Recovery, in the State coffers, and amounts unduly received by the Lisbon and Oporto Office of the<br />

Directors of Juridical Consult;<br />

� Implementation, by the MJ, of a new computer application which would contribute to fill in the <strong>de</strong>ficiencies<br />

in the “Regime of access to Act and to the Courts”;<br />

� Adoption of some corrective measures (e.g. Revenue and Expenditure Account with the CADIEP appropriations<br />

and of the functioning budget, legal Framework for certain collected revenues and uniform standards for<br />

the assets inventory) by the External Peripheral Service of the MNE as the result of former recommendations.


As outcome of the Court recommendations accomplishment, there were savings amounting to 21 thousand<br />

Euros which corresponds to the recovery, in the State coffers, of amounts unduly received by the<br />

Directors of the Juridical Consultation Offices of Lisboa and Porto.<br />

Science, Innovation, Higher and Other Education, Culture and Sports<br />

Within the area of Science, Innovation and Other Education, Culture and Sports, 9 audits (5 financial,<br />

2 horizontal, 1 selective and 1 operational audits were carried out at the Headquarters. It was<br />

also prepared a summary report of the audits regarding the acquisition of goods and services in four<br />

universities. The RCA accomplished 3 combined audits and the RCM 1 selective audit.<br />

Of the performed audits, it should be enhanced financial audit to Higher Technology Institute (IST)<br />

which aimed to:<br />

. Assess the reliability if the Internal Control System (ICS) and analyze the ren<strong>de</strong>ring accounts<br />

documents, checking if they represent in a truly and appropriated manner the correspon<strong>de</strong>nt financial<br />

situation and budgetary implementation;<br />

. Verify the legality and regularity of the administrative proceedings and the integrity of the accounting<br />

records within the areas of:<br />

o Revenue – goods and services selling;<br />

o Personnel – assignment of premiums and supplements;<br />

o Available assets, acquisition of goods and services, <strong>de</strong>bt to suppliers;<br />

. Assess the procedure of preparing the State assets register and inventory.<br />

The Court found that illegal expenditures were authorized and carried out illegal and undue payments<br />

for the allowances of pay supplements to non-teaching staff, to members of the management and staff<br />

manager, and payment of prizes to staff of the ADISTAR-Association for Development of IST. It also<br />

observed the principle of unit of the Treasury in respect of funds transferred from SB and balances<br />

provi<strong>de</strong>s managements of those funds. Yet <strong>de</strong>tected accounting adjustments, no documents regarding<br />

expenditure on the allocation of payments / vouchers, in projects awar<strong>de</strong>d in 1999 and 2001.<br />

Within this audit, the Court advised, the immediate cessation of payment of additional remuneration<br />

payments to non-teaching staff, the members of the management and staff manager, and compliance<br />

with the principle of Unity of the State Treasury, with respect to credits transferred OE and sales management<br />

from those appropriations, and the use of figures and repayment of advances to suppliers<br />

only set out by Act.<br />

It highlighted, too, the audit performed by the RCA Primary School integrated with secondary education<br />

of Population and Scholar Fund, following the or<strong>de</strong>r to report on internal verification of accounts,<br />

which was to verify the origin of the differences found in opening balances and closure of accounts<br />

for 2005 and 2006. It was also <strong>de</strong>signed to evaluate the internal control system, analyzing financial<br />

statements, certifying the accounts for 2007 Management and appreciate the issues raised. As<br />

a result thereof, the Court conclu<strong>de</strong>d that the accounts have been prepared in accordance with the<br />

NPA-E, but the process did not comply in full, the instructions of the PCA. The account of the school,<br />

2007, opened with a different balance carried over from the old, and en<strong>de</strong>d with a balance of divergent<br />

accounts. Those responsible have ensured that the adjustment would be ma<strong>de</strong> in the management of<br />

2008. The process of inventory of assets was not completed, jeopardizing the integrity of the information<br />

contained in the financial statements. The financial statements contain errors and omissions that<br />

affect their reliability, and not provi<strong>de</strong> the actual financial position. In light of the Court recommen<strong>de</strong>d<br />

verified compliance with the instructions of the PCA as the transmission of documents and their compliance,<br />

which is reflected in account management in 2008 to correct the balance, as guaranteed by<br />

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<strong>Tribunal</strong> <strong>de</strong> <strong>Contas</strong><br />

the directors of PSSEP, and the outcome of an inventory of assets, giving effect to the provisions of<br />

Act and enabling the full implementation of the NPA-E.<br />

The main irregularities <strong>de</strong>tected correspond to approximately 43.5 million of irregular expenditure, most<br />

significantly on non-<strong>de</strong>livery and non-interest <strong>de</strong>posit of all available cash in the DGT, the authorization of expenses<br />

or payments without <strong>de</strong>legation of powers to purposes at the expenses and payments relating to illegal<br />

recruitment through foundations.<br />

Recommendations Compliance – Impact of the activity<br />

� Termination of hiring of staff through the Association of Universities of Lisbon (ADUL);<br />

� At the level of available:<br />

. Compliance with the principle of unity of the state treasury;<br />

. Accounting registration of all bank accounts, and<br />

. Closure of large number of bank accounts;<br />

� Open ten<strong>de</strong>r procedure un<strong>de</strong>r the contracts continued in or<strong>de</strong>r to obtain better offers and better serve the public<br />

interest;<br />

� Compliance with the procedures set out in Decree 197/99 of 08 June in respect of acquisition of goods and<br />

services, avoiding even when legally possible, the direct, that stimulates competition and thus to obtain the<br />

best price;<br />

� Compliance with the legal provisions concerning the hiring of staff through the provision of services and review<br />

of all contracts unnamed;<br />

� Timely payment to suppliers un<strong>de</strong>r the conditions employed in or<strong>de</strong>r to prevent the flow of interest.<br />

In this area, as a result of the recommendations of the Court, there was a saving of 49.5 thousand Euros corresponding<br />

to recovery the State coffers ma<strong>de</strong> in the course of the audit of overpayments by the DRE Alentejo<br />

in the implementation of two contracts association, a sponsorship and a simple.<br />

Health<br />

In areas of Health, at Headquarters, 5 audits were completed (1 financial systems 1, 1 operational or<br />

results-oriented and 3) and 1 monitoring report on economic and financial situation of the NHS in<br />

2007. Were also completed 2 audits conducted by the RCA.<br />

Of the audits completed notes to place the control system of billing Pharmacies, year 2007, which<br />

was aimed at mapping and evaluating the internal control system at the level of funding with the State<br />

or on prescribed medication pharmacies to beneficiaries of the National Health Service (NHS) is not<br />

covered by health subsystem, both in product control and self monitoring of diabetic disease and<br />

pharmaceutical care provi<strong>de</strong>d by these pharmacies un<strong>de</strong>r the Program for the Control of Diabetes<br />

Mellitus.<br />

The Court conclu<strong>de</strong>d that the HRA, as regards the validation of billing for drugs sends the by pharmacies<br />

comply with the <strong>de</strong>adlines established by Act for payment, however, most pharmacies do not<br />

comply with the <strong>de</strong>adline for the submission to HRA banknotes credit or <strong>de</strong>bit adjustments arising on<br />

the securities have not been validated. In situations where pharmacies were not sent timely, credit<br />

notes, the HRA paid the full amount of the invoice without the existence of legal and documentary<br />

support for this payment. Thus, recommen<strong>de</strong>d that efforts to enable the legal regime governing the<br />

payment system for pharmacies, from the State on the sale price to the public (PVP) of medicines to<br />

establish with clarity the consequences arising from the fact that pharmacies do not meet the obligations<br />

to which they are linked with accession to that payment system, in particular for non-timely submission<br />

of credit notes.


The Court also noted that the Checking Medicine Bill System (CMBS) does not validate or recor<strong>de</strong>d<br />

relevant information, namely, i<strong>de</strong>ntifying the number of recipient of NHS prescription drugs in situations<br />

where the assignment does not coinci<strong>de</strong> with the prescription drugs listed in the revenue returned<br />

to pharmacies and credit notes or <strong>de</strong>bit cards issued by pharmacies. And yet, the information<br />

system did not only allow the payment of the amount validated by the HRA in the case of pharmacies<br />

do not send credit notes or <strong>de</strong>bit card on time. In the face of the Court recommen<strong>de</strong>d the inclusion in<br />

the system, the number of recipients of prescription drugs and credit notes and <strong>de</strong>bit cards issued by<br />

pharmacies and amendment of the information system to allow payment only, the validated value of<br />

the share State of medicines, if not send credit notes and / or <strong>de</strong>bit card, the periods prescribed by<br />

pharmacies<br />

As part of the audits conducted in the area of Health, is noted, as the amounts of irregularities <strong>de</strong>tected, a<br />

value of EUR 20.5 million resulting primarily from a breach of the principle of unity of the state treasury (cash<br />

<strong>de</strong>posited in commercial banks), from payments ma<strong>de</strong> by HRA regarding corrections whose credit notes have<br />

not they had been sent by pharmacies and also the value of products controlled diabetes, dispensed by<br />

pharmacies, pending reimbursement by the health subsystems to HRA.<br />

Recommendations Compliance – Impact of the activity<br />

Are as follows:<br />

� Publication of Or<strong>de</strong>r No. 615/2008, of 11 July, on access to health care, in particular air appointments at<br />

health centres, first hospital consultation and coordination between these entities, and contains the " Manual<br />

of the Surgery inscriptions Management";<br />

� Publication of the Or<strong>de</strong>r No. 1529/2008 of 26 December, setting the maximum response time guarantees<br />

for access to health care for the various types of benefits to non-cia Emergency Corps, in particular, for surgeries<br />

NHS;<br />

� Publication of "Manual of Best Practice for Reintegration (1 Booklet) - Theoretical Framework", by PIDA,<br />

PI;<br />

� Significant increase in 2008, the number of enforcement actions, the health conventional authorities<br />

(233%) and its coverage ratio (45%), to ensure the effectiveness of the control system established and to<br />

minimize expense the occurrence of breaches of the rules on the organization and functioning and quality of<br />

service in the area of treatment;<br />

� In the performance of the Contract Management HASSG, PLC, the full <strong>de</strong>duction of credits HRALVT reported<br />

for the years 2004 and 2005, thus benefiting from the <strong>de</strong>duction established in the contract.<br />

The amounts saved to taxpayers as a result of the Court's work in this area amounted to 11.378 million<br />

Euros, resulting primarily from the implementation of discounts for staff at the Hospital Fernando Fonseca,<br />

Management Company, PLC (HASSG, SA) for the CGA and <strong>de</strong>duction payment of the twelfth of January<br />

to May 2008 the claims of HRA Lisbon and Tagus Valley related to billing, to HASSG, prescription drugs,<br />

diagnostic aids and treatment, 2004 and 2005<br />

In this area, the effects of the operations of the Court resulted also in the correction of irregularities that<br />

took place, it should be noted in the course of their audit (Audit Control System Billing Pharmacy, year<br />

2007), and quantified at 3.25 million Euros. The adjustments referred to surrounding part of the value established<br />

in commemoration of credit notes which were issued by the HRA, and the amount that was outstanding<br />

for reimbursement from the HRA by the subsystems.<br />

32


Social Security, Work/Employment and Professional Training<br />

33<br />

<strong>Tribunal</strong> <strong>de</strong> <strong>Contas</strong><br />

In the area of Social Security, Work / Employment and Professional Training, in addition to the draft<br />

Opinion, were completed by Headquarters 4 audits (3 financial and 1 selective).<br />

It highlighted the audit of systems for collecting contributions and contributions and relationship<br />

with collaborating institutions in their collection, which was <strong>de</strong>signed to assess, in particular, risks<br />

and controls in place, computing facilities, the processing system of contributions and contributions of<br />

Social Security.<br />

As part of this, the Court found that the level of information management of organizations involved in<br />

the SS (ERSS), the information in the system I<strong>de</strong>ntification and Qualification (IDQ) was not always up<br />

to date and were not uniform set of transmission protocols / receiving information to / from external<br />

entities (ISS, PPO, Banking and DGT). In view of that recommen<strong>de</strong>d the use of a form in admissions<br />

/ layoff with serial number, which implements a procedure for amending the same, the entry in the IDQ<br />

information which is pending and the standardization of protocols.<br />

The Court found that the absence of a protocol with the Directorate-General of the Treasury (DGT),<br />

which <strong>de</strong>fines and regulates transfer process payments of contributions ma<strong>de</strong> by public entities that<br />

are part of RAFE and the state treasury only hampers the process of registration these credits, current<br />

account (in System Management Activity - GC) and allows for errors to <strong>de</strong>termine their registration<br />

"clarification". It recommen<strong>de</strong>d that consi<strong>de</strong>ration be given to concluding a Protocol with government<br />

agencies and particularly with the DGT (which works only as a recipient of contributions) in the same<br />

terms of agreements with other Collaborating Entities for sending and receiving information on the collection<br />

of contributions and social security contributions<br />

The Court observed the non-integration of applications of the National Pensions (CNP) in the national<br />

structure of social security, which prevents to some extent, the use of the advantages inherent interconnectivity<br />

between systems, forcing the process timing (daily) between them in or<strong>de</strong>r to update data<br />

i<strong>de</strong>ntification and classification system in the IDQ. It Recommen<strong>de</strong>d by the social security integration<br />

in the national structure of SISS, systems for the processing of pensions so that all current processes<br />

of sync in either direction, may be completely eliminated.<br />

It should be noted that the amount of irregularities <strong>de</strong>tected as a result of actions by the Court in this business<br />

area amounted to some 2.08 million Euros resulting mainly from contributions SS (SSR) and the IRS,<br />

the amounts <strong>de</strong>ducted paid workers, are not matched in the accounts of the FGS, or <strong>de</strong>livered to the authorities<br />

(IGFSS and State), un<strong>de</strong>rstated its Financial Statements, both in terms of expenditure, both in the<br />

<strong>de</strong>bt of others.<br />

Recommendations Compliance– Impact of the activity<br />

Following the analysis in place of Opinion on the 2007 SS account and according to information provi<strong>de</strong>d<br />

by the institutions i<strong>de</strong>ntified below some of the recommendations ma<strong>de</strong> by the Court in previous<br />

years and in that year have been implemented, highlighting the following:<br />

� For the Institute for the Financial Management of Social Security (SSFMI):<br />

. Preparation and inclusion in the SSA 2007, Maps of the XXVII-A - Movements and balances in the<br />

treasury of the social security system and XXVII-B - Movements and balances in the cash boxes of<br />

the social security system;<br />

. Write-off receivables <strong>de</strong>rived from improper accounting for the profit coming from the assignment<br />

of VAT;<br />

. Reclassification of receivables criteria for current liabilities and provisioning for doubtful <strong>de</strong>bts to<br />

taxpayers;


. Integration in the Annex and / or SSA Analytical Report, 2007 of the corresponding explanatory<br />

notes on the vas-variations extraordinary and significant occurred in the Retained Earnings account<br />

and the specification and / or justification of the relevant facts that make up the accounts Accruals<br />

and <strong>de</strong>ferrals;<br />

� For the Institute of Social Security , PI (ISS, IP):<br />

. Provisioning for doubtful <strong>de</strong>bts;<br />

. Transfer of ownership of the contracts for water and light of the various properties for the entities to<br />

whom the premises were sold un<strong>de</strong>r the Management Agreements or any other figure;<br />

. Reorganization of services to address the issues related to segregation of duties;<br />

. Emission standards for swift action on taxpayers with existing agreements to reduce the average<br />

time for a termination of the agreements in <strong>de</strong>fault;<br />

� Implementation by DGSS of measures to ensure compliance with the procedures established for foreign<br />

travel;<br />

� Repeal by DGB, Circular 1314, Series A, 23/12/2004, which established the accounting for output VAT and<br />

the <strong>de</strong>ductible VAT as operating outsi<strong>de</strong> the budget, through Circular 1345, Series A, 6/01/2009, which it now<br />

guidance on the accounting of those values should consi<strong>de</strong>r those amounts as, respectively, budgetary revenue<br />

and expenditure;<br />

� Development, the Institute of Computing, a methodology to ensure the prohibition of netting of the mixed aggregate<br />

balance of all institutions in the world of SS;<br />

� Implementation, the Vocational Training Centre for the Crystal Sector and the Vocational Training Centre of<br />

Electronic Industry, procedures that allowed the establishment of net income and its disclosure in the financial<br />

statements for 2007;<br />

� Organization and preparing cases for the Fund of the Personal Mobile Lisbon and Porto, with supporting<br />

documentation to the subsidy to the beneficiaries, through the Special Fund<br />

In this area, as an implementation impact of the Court recommendations issued within the scope of the audit<br />

to the Social Security <strong>de</strong>btors (non tax payers), there was savings of 87,3 Thousand Euros corresponding<br />

to current assets recovery.<br />

Local Administration<br />

In the area of Local Government were completed at Headquarters, 7 audits and 1 preliminary study<br />

the check. The RCA were performed 3 targeted audits. Were also carried out by SPC, 2 audits (1 financial,<br />

1 selective).<br />

In this context refers to the financial audit to the Municipality of Vila Real (MVR) with the following<br />

objectives: to verify the legality and regularity of the administrative and accounting records, assess the<br />

reliability of the internal control system implemented, to assess whether the financial statements reflect<br />

faithfully the revenue and expenditure, and its financial position, whether documents management estimates<br />

have been prepared in accordance with the applicable legal regulations and to analyze the<br />

type of institutional, technical and financial relations between the MVR and businesses municipal.<br />

As part of this the Court noted that the study of technical and economic feasibility that led to the creation<br />

of companies in the municipality had limitations in terms of forecasts and the lack of comparative<br />

studies that attest to the viability of the organizational mo<strong>de</strong>l company type option expense for the<br />

maintenance of municipal services, even if restructured. It noted that the work carried out by in adjusting<br />

to their subject and the statutory gui<strong>de</strong>lines set by the municipality, but that for various areas they<br />

were being simultaneously carried out by CMVR services and businesses, creating duplication of services<br />

and structures and increased costs of involvement. Moreover, it was also observed that substantial<br />

business activity was financed by program contracts that have not established objectively and<br />

quantified the amount of public contribution and assumed objectives. The Municipality did not have a<br />

accountability of costs or an organized inventory system.<br />

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<strong>Tribunal</strong> <strong>de</strong> <strong>Contas</strong><br />

Based on the observed, the Court recommen<strong>de</strong>d the a<strong>de</strong>quacy within the prescribed period, the<br />

statutes of the MS Legal status of local government and observance of legal norms regarding support /<br />

financial transfers granted to companies, to take steps to control the implementation of subsidies assigned,<br />

which meets the Regulations of the ICS in or<strong>de</strong>r to observe the provisions of paragraph 2.9 of<br />

OPAPLA and is implementing a perpetual inventory system and stock accounts.<br />

In this area, is about 47.07 million Euro expense corresponding to the main irregularities <strong>de</strong>tected, mainly<br />

due to not accounting registration of fixed assets, including real estate, and these buildings and other structures,<br />

for which not carried out to <strong>de</strong>termine the un<strong>de</strong>rlying value of the land, to register the appropriate account.<br />

Recommendations Compliance– Impact of the activity<br />

The recommendations implemented by the audited entities, members of local authorities, this path is<br />

the following:<br />

� Abandonment of the practice of recruitment through the provision of services as a way to address ongoing<br />

needs of the entity and, where appropriate, a<strong>de</strong>quate justification of the use of services;<br />

� Compliance with the existing legal regulations, in particular:<br />

. In the recruitment / appointment of retired staff;<br />

. Transfers of financial assets to the parish councils of the county, particularly in regard to the need<br />

for prior conclusion of the Protocols of <strong>de</strong>legation;<br />

. Financial transfers to local companies un<strong>de</strong>r contract programs;<br />

. In publicizing the transfers;<br />

� A posteriori control of the subsidies;<br />

� Compliance with rules forward in preparing the proposed budget, combining the criteria and budget sheet, to<br />

ensure greater safety and soundness of the accounts statements.<br />

STATE OWNED COMPANIES SECTOR<br />

State Owned Companies Sector and Operation and Staff Expenditure of the Central<br />

Administration<br />

In the field of Business and Public Sector Personnel and Functioning of central government<br />

were carried out by Headquarters, 9 audits (2 operational audits, 1 of which follow-up of the issued<br />

recommendations, 4 horizontal, 3 of which integrated into a thematic and 3 selective audits), 1 study<br />

preliminary to the control action and 1 study on issues relating to the State Owned Companies Sector.<br />

The Court conclu<strong>de</strong>d in 2008, 3 of the selected projects (Rossio Tunnel, Terreiro do Paço Tunnel<br />

and Casa da Música) of the horizontal audit on the theme of "Overruns in Public Works", which<br />

covers 5 projects. The audit's main goal is the establishment of the un<strong>de</strong>rlying causes of slippages<br />

occurred in those projects i<strong>de</strong>ntified and resulted in relevant higher costs, well beyond initial estimates.<br />

On these projects, the Court generally conclu<strong>de</strong>d that:<br />

. As a rule, investments in public infrastructure were not prece<strong>de</strong>d by studies of cost-benefit (value<br />

for money), including an indication of the anticipated rate of use of infrastructure and the likely<br />

impacts on the <strong>de</strong>velopment or conversion the region concerned;


. In all the infrastructure was not taken into account the initial investment required for its implementation,<br />

noting the absence of maintenance contracts nee<strong>de</strong>d to evaluate the cost of the life cycle<br />

of the project ("whole life costing") perspective of overall cost;<br />

. The lack of gui<strong>de</strong>lines on good practices to be followed in the planning, implementation, monitoring<br />

and evaluation of projects, has led to the repeated commission of errors and failures gra-ves<br />

in the management of public enterprises, with significant impacts on the public purse;<br />

. Overall, the procurement procedures adopted and always gave transparency to the choices<br />

ma<strong>de</strong>, or allowed the proper functioning of the rules of the market to enable the achievement of<br />

the most economically advantageous ten<strong>de</strong>r;<br />

. The total investment in these enterprises amounted to 248.6 million Euros, financed by the State<br />

of PIDDAC, EU funds (ERDF), capital of the landowners, marginal contribution of Local Government<br />

and bank credit, with this inherent financial charges<br />

. Taken together, it appears that all the works cost more than expected, and the financial dimension<br />

of the <strong>de</strong>viation varied between 19% and 228%. On average, public works cost more than<br />

123.6% of the initially budgeted, which <strong>de</strong>monstrates the unreliability of estimates. The most<br />

prominent example is the House of Music, with the difference stood at 77.2 million Euros (228%);<br />

. The overall additional costs amounted to EUR 110.2 million and represented 44.3% of the total<br />

cost of 3 projects, equivalent to building, from scratch, at least two of the 5 analyzed works;<br />

. The most significant charges were recor<strong>de</strong>d in the contracts, for the amount to 99.3 million due to<br />

additional works and the least errors and omissions, and the work that has the highest percentage<br />

was the Casa da Música, i.e., a purpose built;<br />

. The final cost of the works found in the or<strong>de</strong>r of 199.7 million Euros, an increase over the initial<br />

contract of about 99.3 million Euros, and the size of the <strong>de</strong>viation varies between 24.9% and<br />

295.5 %<br />

. The lack of quality projects, changes and systematic reviews ma<strong>de</strong> by the <strong>de</strong>veloper during implementation,<br />

poor planning and implementation <strong>de</strong>ficiencies in supervision are the main causes<br />

of slippage occurred.<br />

The Court chose not to make recommendations in these audits vertical slippage in public works of<br />

reference for un<strong>de</strong>rstanding the most appropriate, efficient and effective to do so only in its future horizontal<br />

and comprehensive report, which con<strong>de</strong>nses the main findings common to the five vertical audits.<br />

In the area of State Owned Company Sector, there were measurable financial impact on the value of 321.2<br />

million Euros, relating to audit the group Águas <strong>de</strong> Portugal, SGPS, PLC(Report No. 23/08), of which 85%<br />

to account for misuse of funds, overestimate the results of operations and the use of the waters of Portugal<br />

as an instrument of foreign policy of the Portuguese Government that resulted in a negative economic impact.<br />

Recommendations Compliance – Impact of the activity<br />

Some of the recommendations that the Court ma<strong>de</strong> in audit reports within the scope of the SOCS, the<br />

public-private partnerships and regulatory authorities, whose compliance was notified in 2008:<br />

� Dynamization at the State level, the production of regular and systematic reports on the SOCS, as<br />

a corollary of closer monitoring by the public sharehol<strong>de</strong>r protection, both in terms scheduled, both<br />

in economic and financial terms;<br />

� Intensification by the sharehol<strong>de</strong>r, of the monitoring of companies that owns and thereby exercising<br />

fully the duties <strong>de</strong>volving upon him, of which, inter alia, the <strong>de</strong>finition of strategic gui<strong>de</strong>lines pre-<br />

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<strong>Tribunal</strong> <strong>de</strong> <strong>Contas</strong><br />

cise and clear, and explicitly and formally, with clear objectives and quantified targets, carried by<br />

the General Assembly, coinciding with the temporal extension of the mandates of the directors and<br />

reviewed annually;<br />

� Adoption by the Public Sharehol<strong>de</strong>rs of the follow-up measures of good corporate governance for<br />

their company, in the manner disclosed by the Commission of Securities Market, as in this direction<br />

are also studies from the EU institutions in towards the adoption of co<strong>de</strong>s of corporate governance<br />

by companies from member countries, and also the OECD;<br />

� Approval of a package of legislation aimed at the SOCS has reinforced, clarify and specify the<br />

State's obligations as a sharehol<strong>de</strong>r and an umbrella, and the role of public managers, the rules of<br />

financial management and control mechanisms (see Report accompanying the proposed State<br />

Budget for 2009, Chapter II - Reforms in Public Finance and Fiscal consolidation since 2005).<br />

� Proof of return of the amount of VAT paid to SC Braga, SAD, the Municipality of Braga (Report No.<br />

37/05-2 nd C);<br />

� In all new concession agreements (since 2007) is already shaped the rule of sharing of financial<br />

benefits, in terms of recommendation of the PCA (Report No. 10/08-2 nd C);<br />

� Preparation for Portugal Highways for all sub concessions launched from November 2007, early in<br />

the ten<strong>de</strong>r of a comprehensive risk matrix, which are clearly i<strong>de</strong>ntified the types of risk, its context<br />

and entity i<strong>de</strong>ntification who should be allocated, and then proceed to implement the recommen<strong>de</strong>d<br />

by the ECA in its Report No. 10/08-2 nd C;<br />

� Release by the Institute of Road Infa-structures (InIR) in June 2008, of an international public ten<strong>de</strong>r<br />

for the <strong>de</strong>velopment of a users satisfaction survey recommen<strong>de</strong>d by the Court, which held between<br />

21/11/08 and 5/1/09, pending, for now, the results (Report No. 10/08-2 nd C).<br />

State Owned Companies Sector for the Autonomous Regions<br />

Un<strong>de</strong>r the Public Sector Enterprise of the Autonomous Regions have been completed 2 audits<br />

conducted by the SPC.<br />

It highlights the audit to Finance Development Corporation and the company "Ma<strong>de</strong>ira Business<br />

Park, PLC- 2006 which was aimed at assessing the in<strong>de</strong>btedness of the companies and enterprise"<br />

Ma<strong>de</strong>ira Business Park, SA, and the ability fun<strong>de</strong>d projects generate revenue to meet <strong>de</strong>bt service.<br />

The Court found that although improvements in capacity utilization of funds for the implementation of<br />

investment projects of social nature, has been one of the justifications for the establishment of Development<br />

Societies, the amount of funding from the MOPMAR represented at the end 2006, only 6% of<br />

the total value of the asset. Also found that the <strong>de</strong>bt servicing of loans by the end of 2007<br />

€ 515 million) will require between 2008 and 2032, a financial outlay estimated at € 867 million (of<br />

which € 352 million are related to finance charges), referring to the 2018 peak of the finance of around<br />

€ 59 million.<br />

Between 2004 and 2006, the ratios of financial in<strong>de</strong>pen<strong>de</strong>nce and solvency of the entities in question<br />

are very low or even negative, reflecting the high-capitalization and the expressive weight of <strong>de</strong>bt<br />

compared to equity. In 3 of 5 companies current ratio is below 1, indicating that the usable funds fail to<br />

cover short-term <strong>de</strong>bt.<br />

In the face of the Court recommen<strong>de</strong>d the updating of EVE (Feasibility Studies) projects <strong>de</strong>veloped<br />

taking into account the new portfolio of investments and adjustments resulting from the experience of<br />

the first years of operation of the ol<strong>de</strong>st projects in or<strong>de</strong>r to support the formulation of solutions to economic<br />

and financial balance of companies. It also recommen<strong>de</strong>d, given the size of investments and<br />

impacts of government companies in these regional public finances, which are ma<strong>de</strong> to monitor the<br />

performance of investment portfolios through regular monitoring reports to prepare and submit to


RCMTC (jointly with the accountability ). And to better benefit from the incentive measures for investment.<br />

State Owned Municipal Companies Sector<br />

In the field of control of the Municipal Public Enterprise were completed at Headquarters, 3 audits<br />

(1 and 2 oriented operating or capital gains).<br />

The auditing the Company's Industrial Vendas Novas Industrial Park Company - Urbanization,<br />

Management and Training, Plc. (VNIPC) focused on the business, form and ownership structure<br />

VNIPC as well as on financial relations with the Municipality of Vendas Novas.<br />

The action aimed at verifying and analyzing the origin and evolution of VNIPC with regard to:<br />

. Existence of pre-feasibility studies;<br />

. Legality of the subsistence of the company, in the form of commercial company, after a period of<br />

adjustment provi<strong>de</strong>d for in article 42 of Act No 58/98 of 18 August;<br />

. Application to the society of the legal regime established by Act 53-F/2006 of 29 December;<br />

. Pursuit of their business scope, applying the mo<strong>de</strong>l predicted and appropriateness to the objectives<br />

pursued;<br />

. Investigation of the regularity of the <strong>de</strong>finition of remuneration of the members of the Board and of<br />

any evi<strong>de</strong>nce of accumulation of functions;<br />

. Relations between the Municipality and VNIPC New Sales, the legal and economic-financial;<br />

. Evaluation of Internal Control System implemented in the area of business entity, and<br />

. Economic and financial information of the company.<br />

The Court found that: the award of infrastructure projects of 2. Phase II - North West was not prece<strong>de</strong>d<br />

by a ten<strong>de</strong>r procedure, thereby breaching the provisions of DL 59/99, of March 2, applicable to<br />

municipal enterprises, the pricing for the sale of lots is not supported by a regulation to ensure fairness<br />

and equality granted to every potential customer of the industrial park, the company failed to adapt its<br />

statutes in accordance with the expressed <strong>de</strong>termination of the article 48, 53-F/2006 of Act of 29/12,<br />

the internal control system and some information systems have several shortcomings.<br />

In light of this shared: the compliance with current legislation on the award of works, to create the rules<br />

of sale of the lots indicating the criteria for setting their prices, according to the good management<br />

practices recommen<strong>de</strong>d and the establishment of a strategy to obtain a balanced (cf. article 31 of Act<br />

53-F/2006, 29 December), towards the financial sustainability of medium to long term the company<br />

and the adoption of standards and internal control procedures, appropriate to the size of the company,<br />

and compliance with legal requirements established by paragraph 5 of article 35 of the CIVA documentary<br />

about the media.<br />

In this area, the amount of the main <strong>de</strong>ficiencies was approximately 1.38 million Euros mainly due to incorrect<br />

accounting classification of costs associated with infrastructure plots.<br />

38


INTERNAL VERIFICATION OF ACCOUNTS<br />

Table 10<br />

39<br />

<strong>Tribunal</strong> <strong>de</strong> <strong>Contas</strong><br />

As mentioned, successive control is also exercised through the internal verification of ac-counts. The<br />

accounts may be audited by the Court and not subject to external verification can be verified by internal<br />

Support Services and subject to approval of the Court.<br />

Accounts can also be exempt from being sent to the Court un<strong>de</strong>r the Act, subject to the registration of<br />

their financial data. For these accounts, entities need only submit the documents specified in instructions<br />

of the Court to enable it to monitor compliance with its resolutions and to establish and maintain<br />

permanent procedures of the entities subject to control.<br />

During the year 2008, consi<strong>de</strong>ring the set out in the 2 nd Chamber Resolutions 3/07 and 4/07, 22 November,<br />

6/03, 18 December, and Plenary General Resolutions 1/07 and 2/07, 19 December, with 467<br />

verified accounts. Of these, 458 were ratified (359 at Headquarters on 29 RCA and 70 in RCM) and<br />

9 were refused approval (7 Headquarters, 1 RCA and 1 in the RCM). The accounts are related to 371<br />

entities, corresponding to a financial volume of about 39 547 million Euros (36 214 million for the<br />

headquarters, 1791 million in the RCA and 1540 million by the RCM). The Court further validates the<br />

financial data and documentation sent by the entities obliged to accountability and exempted this year,<br />

the shipment of months-but.<br />

Of the 458 bills approved, 121 were consi<strong>de</strong>red in the formulation of recommendations (82 at Headquarters,<br />

24 in the RCA and 15 in the RCM) has been set a <strong>de</strong>adline for authorities to correct the<br />

situations i<strong>de</strong>ntified irregular.<br />

Administration<br />

Ratified<br />

Accounts<br />

Table 9<br />

Internal Verification of Accounts in 2008<br />

Headquarters and Regional Chambers<br />

Refused<br />

ratification<br />

Entities<br />

involved<br />

No. %<br />

Of which<br />

with<br />

recommendations<br />

No. % No. %<br />

Financial Vol.<br />

Thousand of<br />

Euros<br />

Central Adm. 261 57% 15 2 152 41% 32 359 970 82%<br />

Local Adm. 122 27% 77 5 56% 143 39% 4 485 669 11%<br />

Regional Adm. 75 16% 29 2 22% 76 20% 2 701 295 6,8%<br />

Total 458 100% 121 9 78% 371 100% 39 546 934 100%<br />

The accounts approved, 57% are related to Central Administration entities, and representing 82% of<br />

the total financial volume controlled, 27% of Local Government entities and representing 11% of the<br />

financial volume controlled and the remaining 16% are related to entities of the Regional Administration<br />

corresponds to them 6.8% of the controlled financial volume.<br />

The data for the accounts submitted for ratification in 2008, distributed by Headquarters and Regional<br />

Offices are listed in the Table below.<br />

%


Administration<br />

Internal Verification of Accounts in 2008<br />

N. ratified<br />

accounts<br />

Refused<br />

Ratification<br />

(no.)<br />

Headquarters 359 7 246 36 214 943<br />

RCA 29 1 55 1 791 570<br />

RCM 70 1 70 1 540 421<br />

Total 458 9 371 39 546 934<br />

The reasons that led to the approval of the accounts do not have, among others, the following:<br />

. Borrowing in previous years (short, medium and long term), as well as advances of funds, which<br />

were not reflected in the account management;<br />

. Presence of revenues and expenses not provi<strong>de</strong>d for in the budget "differing, the first, from the<br />

corresponding value kept in the account management;<br />

. The account management, as well as being presented in a way not sanctioned by the instructions<br />

applicable, did not give a proper image of the transactions during the run or the opening<br />

balances and closing;<br />

. Material misstatements that reveal the existence of substantial errors (accounting-tion, legality<br />

and regularity) in the un<strong>de</strong>rlying transactions, and to verify the non-observance of the recommendations<br />

on the issue have been repeatedly submitted by the services;<br />

. Difference between the listing of borrowing by a Municipality and the value recor<strong>de</strong>d in the accounts<br />

as a result of improper accounting in line, the use of bank loan;<br />

. Failure of the accrual of interest on borrowings;<br />

. Existence of situations where required and commitments were ma<strong>de</strong> after the date of invoice;<br />

. Most goods were not being repaid, and those that were used to <strong>de</strong>fine rates of in-house manual<br />

of procedures, contrary to that recommen<strong>de</strong>d in NPALA;<br />

. Provisions for customers, taxpayers and users doubtful of poorly estimated;<br />

. Existence of rights to receive that by <strong>de</strong>fault, are not reflected in the accounts;<br />

. No consistency between the documents and financial statements, such as the accounts in a<br />

credit institution and the accounting of the missing body.<br />

40<br />

No. entities<br />

involved<br />

Financial Vol.<br />

(Thousand Euros)<br />

Un<strong>de</strong>r the internal verification of accounts, the amount of the main <strong>de</strong>ficiencies was approximately 178 million<br />

mainly resulting from the balance to the next management have been certified with reservations is not<br />

possible to confirm the settlement of all transactions which are transit, borrowed in previous years which were<br />

not reflected in account management and the existence of situations where required and appointments were<br />

ma<strong>de</strong> after the date of invoice.


ANALYSIS OF DENOUNCEMENTS<br />

41<br />

<strong>Tribunal</strong> <strong>de</strong> <strong>Contas</strong><br />

Denunciations and complaints received at the Court are consi<strong>de</strong>red and, where that may contain factualness<br />

relevant representations are ma<strong>de</strong> as <strong>de</strong>emed necessary.<br />

In 2008, 63 <strong>de</strong>nunciations (55 at Headquarters and in 8 RCM) entered the Court, 44 on the bodies of<br />

the Central Administration bodies of the 14 Local Government and 5 on the management of companies<br />

in the State Owned Companies Sector. 147 cases were conclu<strong>de</strong>d at Headquarters and in 8<br />

RCM and are un<strong>de</strong>r review at Headquarters, 137.<br />

2.5. ENFORCEMENT OF FINANCIAL LIABILITIES<br />

Changes in the Act of Organization and Procedure of the PCA (Act No. 98/97 of 26 August - OPLCA)<br />

introduced by Act No. 48/2006 of 29 August, 1 st and 2 nd Chambers and the Regional Chambers,<br />

were able to apply the fines provi<strong>de</strong>d for in Article 66 (procedural fines) streamlining of the judicial<br />

activity of the 3 rd Chamber in cases of financial responsibility.<br />

It is now possible to those Chambers and as to the offenses referred to in Article 65 of the OPLCA, to<br />

relieve the financial liability for financial infringement punishable by a fine only when:<br />

. If there is sufficient evi<strong>de</strong>nce that the failure was but charged by way of negligence;<br />

. There has been no Court former recommendation or of any other internal control body to the<br />

audited entity to correct the irregularity of the procedure followed;<br />

. It has been the first time that the Court or an internal control body have criticized the author<br />

for their practice.<br />

Accordingly, in 2008, were implemented by 1st and 2nd Chambers and fines for RCA in the following<br />

Table (19 by 1 st Chamber, 32 by 2 nd Chamber and 14 for RCA), part of which were subject of voluntary<br />

payment. Thus, there is a large increase in the number of fines imposed pursuant to article 66<br />

OPLCA of over 2007, having gone from 25 to 65 cases.<br />

Table 11<br />

Fines imposed according to article 66.– 1 st and 2 nd Chambers and Regional Chambers<br />

Within the scope of the prior control<br />

Within the scope of the concomitant control<br />

Within the scope of the successive control<br />

No. cases<br />

No. of<br />

<strong>de</strong>fendants<br />

Amounts (in<br />

Euros)<br />

10 10 4 416<br />

13 13 4 689<br />

42 42 21 760<br />

Total 65 65 30 865<br />

Fines provi<strong>de</strong>d for in article 65 were un<strong>de</strong>rgone voluntary payment in the previous phase of the<br />

trial liquidated by the minimum as foreseen in the law. Most of them were liquidated through the<br />

Public Prosecutor Service notification. The number of cases in this situation increased significantly<br />

relative to 2007 (from 10 to 32 cases and 37 to 116 <strong>de</strong>fendants).


Table 12<br />

Fines imposed according to article 65<br />

Voluntary payment – 1 st and 2 nd Chambers and Regional Chambers<br />

Within the scope of the prior control<br />

Within the scope of the concomitant control<br />

Within the scope of the successive control<br />

It was also ma<strong>de</strong> of the responsibility penalty in 61 cases - 48 for 1. Chamber, 6 and 7 for RCA by<br />

RCM (an increase of 226% compared to 2007), distributed among the types of control as following<br />

Table.<br />

Table 13<br />

Within the scope of the prior control<br />

19<br />

Within the scope of the concomitant control 39<br />

Within the scope of the successive control 3<br />

Total 61<br />

The enforcement of financial responsibility lies with the 3 rd Chamber at Headquarters and Regional<br />

Chambers of Azores and Ma<strong>de</strong>ira. Cases are judged on 1 st Instance, by a single judge, who, in the<br />

Regional Chambers, is the judge of the Regional Chamber to which the case has not been distributed.<br />

Decisions <strong>de</strong>livered in 1 st instance may be appealed to the plenary of 3 rd Chamber, in which the author<br />

of the contested <strong>de</strong>cision is not involved.<br />

The procedures for enforcing financial liabilities are established based on reports of control actions<br />

of the Court (held by 1 st and 2 nd Chambers and the Regional Chambers) or the internal control bodies<br />

and the entities entitled to the application of actions in this matter, when facts constituting evi<strong>de</strong>ncing<br />

financial responsibility.<br />

Before the amendments to OPLCA, consecrated in the Act No. 48/2006 of 29 August, it was responsibility<br />

of the Public Prosecutor to request, before the 3 rd Chamber and the Regional Chambers, the trial<br />

procedures for enforcing financial liability. With these changes has been exten<strong>de</strong>d legitimacy to the<br />

claim of gross measures of financial responsibility to senior management, oversight and supervision<br />

on those concerned, and the bodies of internal control. This legitimacy is always subsidiary to<br />

the prosecutors, which led to the publication of Or<strong>de</strong>r No. 41/06-GP, 16 November, the Presi<strong>de</strong>nt of<br />

the PCA, which <strong>de</strong>termines the publication of the list of cases or<strong>de</strong>red filed by the PP and notification<br />

of their or<strong>de</strong>rs to those organs.<br />

The financial responsibility may take the form of financial responsibility and liability reintegratory punishment.<br />

42<br />

No. cases<br />

No. of<br />

Defendants<br />

1 1 1 018<br />

17 76 57 700<br />

14 39 48 427<br />

Total 32 116 107 145<br />

No. of cases<br />

Amounts (in<br />

Euros)


43<br />

<strong>Tribunal</strong> <strong>de</strong> <strong>Contas</strong><br />

Reintegratory financial liability is inten<strong>de</strong>d to ensure a return to the State Treasury for public funds,<br />

subject to, inter alia, misuse, overpayment, or failure to collect revenue un<strong>de</strong>r the Act has, essentially,<br />

the task of reconstituting the financial situation that would exist if the such behavior had not occurred.<br />

The financial liability of sanctionatory is reflected in the application of a penalty, a fine, offen<strong>de</strong>rs of<br />

certain behaviour typified in the Act (legal procedure or financial obligations of collaboration with the<br />

ECA in carrying out its functions oversight -- art 65 and 66 of OPLCA) and seeks to suppress and prevent<br />

the breach in public funding.<br />

This allows the classification of financial responsibility as separate species against other species of<br />

liability (civil and criminal) is the nature of the standards - procedural or substantive nature of financial<br />

- and a judicial organ that effectively, the Court of Auditors.<br />

In 2008, procedures for enforcement of financial liabilities to behave in accordance with 3 rd Chamber<br />

and Regional Chambers (13 carried over from 2007 and 12 recor<strong>de</strong>d in 2008 - 4 at Headquarters,<br />

the RCA 2 and 6 in the RCM), were extinguished their procedures in 4 cases by voluntary payment<br />

and other reasons, at Headquarters, and 10 were tried and were given sentences in 4 cases, 1 and 3<br />

at the Headquarters in RCM, and acquittals in 6, 4 and 2 at the headquarters in the RCM<br />

Types of procedure<br />

Table 14<br />

Enforcement of financial liabilities in 2008<br />

3 rd Chamber and Regional Chambers<br />

Closed-end before<br />

the judgement<br />

Voluntary.<br />

payment<br />

Other<br />

situations<br />

Con<strong>de</strong>mnatory<br />

Sentence<br />

Judged<br />

Acquital<br />

Sentence<br />

Judgment of accounts 1 3<br />

Judgment of financial liabilities 1 2 3 3<br />

Art 59 and 60 of Act 98/97 1 1 3<br />

Art 65 of Act Lei 98/97 1 3<br />

Fine 1<br />

Total 1 3 4 6<br />

Conversion of<br />

recovery by fine<br />

payment<br />

As a result of these processes were or<strong>de</strong>red restitutions amounting to € 23 584.56 for undue payments<br />

at Headquarters, and were fined in the amount of € 17 898 (15 075 at Headquarters and in<br />

2823 the RCM). A fine in the amount of € 1153 was also paid voluntarily before trial, at Headquarters.<br />

The 3 rd Chamber in plenary held 5 regular procedures (4 of financial responsibility and 1 fine for 1 st<br />

Chamber), and the judgments come to consi<strong>de</strong>r their unfoun<strong>de</strong>d 5 resources.


3. ACTIVITY OF THE PUBLIC PROSECUTION SERVICE AT THE PCA<br />

At the Court sits on the Public Prosecution Service (PPS), which is represented at Headquarters<br />

Wanted pain-General's Office, which, using powers of <strong>de</strong>legation, is represented today by three Deputy<br />

Attorneys General, in each of the Regional Chambers is represented by the magistrates appointed<br />

for that purpose by the Attorney General's Office.<br />

Un<strong>de</strong>r article 29 OPLCA of the PPS operates automatically and in accordance with the rules of procedure<br />

in 1 st and 3 rd Chambers and the Regional Chambers, and can attend sessions of the 2 nd Chamber.<br />

As provi<strong>de</strong>d for in article 57, it must apply before the 3 rd Chamber and the Regional Chambers, the<br />

trial procedures for enforcement of financial liabilities on the basis of evi<strong>de</strong>nce of offenses contained<br />

in the reports of the inspections carried out by 1 st and 2 nd Chambers and the Regional Chambers,<br />

as well as reports received from the internal control bodies. This power is not, however, exclusively<br />

of their competence, since the amendments to OPLCA enshrined in Act No. 48/2006, dated 29<br />

August, also enabled, though subsidiary, the management, control or governing bodies on the<br />

concerned parties, as well as the internal control bodies to require the trial of cases of enforcing financial<br />

liability.<br />

Thus, the PPS is notified of all audit reports and external verification of accounts approved to<br />

where them to consi<strong>de</strong>r facts constituting financial responsibility, they eventually triggered the court<br />

procedures. The PPS can <strong>de</strong>-<strong>de</strong>velop the additional inquiries it <strong>de</strong>ems appropriate which relate to the<br />

facts contained in the reports sent to it. This competence is <strong>de</strong>rived specifically informed of changes to<br />

OPLCA enshrined in Act No. 48/2006 of 29 August.<br />

After changes to OPLCA, introduced by Act No. 48/2006 of 29 August, the PPS has to notify possibly<br />

responsible for failure financial penalties, enabling them to complete this stage, the voluntary<br />

payment of fines and the amounts to be taken back, which to occur, leading to the extinction of<br />

whether the penalty and / or reintegratory cleared checks in the Court of Auditors or the internal control<br />

bodies. As mentioned in the section on fines which fall un<strong>de</strong>r the Article 65. Shall voluntarily and<br />

paid prior to the trial stage, their number increased greatly compared to 2007.<br />

During the year 2008, according to data from the Court Registry and the Regional Chambers, were<br />

reported to the PPS 309 reports - 160 at Headquarters, 63 and 86 in the RCA in the SPC. For most of<br />

the reports from headquarters, the or<strong>de</strong>r of the PPS was to not require court proceedings (108). In<br />

RCM most or<strong>de</strong>rs were to consi<strong>de</strong>r "non-viability of elements proba-discriminatory and factual" (80).<br />

Most of the or<strong>de</strong>rs of PPS in the RCA reports is contained in "other situations" (61). The PPS claimed<br />

trial in 4 reports at Headquarters in the CAR 2 and 7 in the SPC.<br />

44


45<br />

<strong>Tribunal</strong> <strong>de</strong> <strong>Contas</strong><br />

4. RELATIONS WITH OTHER NATIONAL BODIES AND INSTITU-<br />

TIONS<br />

4.1. PRESIDENT OF THE REPUBLIC, PARLIAMENT (“ASSEMBLY OF THE RE-<br />

PUBLIC”), GOVERNMENT, LEGISLATIVE ASSEMBLIES OF THE AUTONO-<br />

MOUS REGIONS AND REGIONAL GOVERNMENTS<br />

Un<strong>de</strong>r the Act, the Court of Auditors (ECA) informed the Presi<strong>de</strong>nt on the outcome of its activities, in<br />

particular on the findings of its monitoring.<br />

The Assembly of the Republic (AR) is also the privileged activity of the Court of Auditors with regard to<br />

the Opinion on the General State Account, and the reports of monitoring and auditing.<br />

Thus, in accordance with Article 107 of the Constitution, the implementation of the budget is reviewed<br />

by the Court and the Assembly of the Republic, which prece<strong>de</strong>d the Court's opinion, assesses and<br />

approves the General Accounts of the State, including the Social Security Social. Similarly, Article 36<br />

of and 56, no. of paragraph 7 b) the BFL state that the Assembly may request the Court of Auditors<br />

reports on the interim results of the review the Budget of the State, throughout the year, and any clarifications<br />

nee<strong>de</strong>d to assess the state budget and the Opinion on the General State Account.<br />

Un<strong>de</strong>r paragraph 4 of article 11 OPLCA of the Court may also be requested by the Parliament (the<br />

Presi<strong>de</strong>nt or the draftsmen of audits) to communicate information, reports or opinions stop-related their<br />

financial control functions.<br />

On 10 January 2008, the Presi<strong>de</strong>nt of the Court was <strong>de</strong>livered to the Presi<strong>de</strong>nt of the Stop-ion on the<br />

General State Account 2006 of the Action Plan of the Court of Auditors for 2008 and the Exhibition<br />

Catalogue "Accounts with History".<br />

On 12 February 2008, the Court, through its Presi<strong>de</strong>nt and four rapporteurs Judges, has presented the<br />

Opinion on the General State Account of the 2006 at the Parliamentary Committee on Budget and<br />

Finance of the Assembly of the Republic. The opinion had been <strong>de</strong>livered in the AR in December 21.<br />

On 22 December, was submitted to the Presi<strong>de</strong>nt of the Assembly of the Opinion on the General<br />

State Account 2007.<br />

On 12 March the Presi<strong>de</strong>nt of PCA <strong>de</strong>livered to the Presi<strong>de</strong>nt of the Legislative Assembly of the<br />

Autonomous Region of Ma<strong>de</strong>ira Opinion on account of the region, for the year 2006. Then in October,<br />

he <strong>de</strong>livered the Opinion on behalf of the Legislative Assembly for the year 2007.<br />

On 13 June the Presi<strong>de</strong>nt of the PCA gave the Presi<strong>de</strong>nt of the Legislative Assembly of the<br />

Azores Opinion on account of their region, covering the year 2006.<br />

On 24 June the Presi<strong>de</strong>nt of the PCA was heard in the discussion of the Draft Act on the Council for<br />

the Prevention of Corruption at the Commission for Constitutional Affairs, Rights, Freedoms and<br />

Guarantees <strong>de</strong>s, the Assembly of the Republic.<br />

Also the request of the RA, un<strong>de</strong>r the provisions of paragraph 4 of article 62 of the Budgetary Framework<br />

Act, held an audit of the General Inspectorate of Justice Services (Report No 2 / 2009).<br />

During the year were sent to Parliament 3 reports for monitoring the implementation of the budget of<br />

Social Security and one for monitoring the implementation of the budget of State revenue.<br />

In addition to the audit reports cited above were also sent to Parliament, including its Committees, and<br />

the government, other Audit Reports, approved by the Court.


In the Legislative Assembly of the Azores, as well as the regional government, were sent by e-mail, all<br />

reports of audits carried out by the Azores Regional Chamber of the Court.<br />

4.2. INTERNAL CONTROL BODIES<br />

Un<strong>de</strong>r article 12 of the Act of Organization and Procedure of the Court of Auditors, the organs of internal<br />

control - particularly Inspections-General and other entities to control or audit of services and public<br />

administration bodies - are subject to a duty to collaboration with the Court of Auditors. In fulfilling<br />

this responsibility, they should communicate their CT programs and multi-annual activity reports and<br />

their implementation, and refer the reports of their actions, they contain matter relevant to the action of<br />

the Court.<br />

In 2008, the Court received 57 reports of various organs of internal control (53 at Headquarters<br />

and in the CAR 4), namely, the General Inspectorate of Internal Administration, the General Inspectorate<br />

of Education, the Inspectorate General of Finance and Inspector-General of Local Government,<br />

with 37 bodies on the Central Government and 20 of the Local Government. Has completed the analysis<br />

of 188 reports (186 at Headquarters and in the 2 RCA), some of which carried over from 2007 and<br />

was sent 18 prosecutors for possible effects of gross financial liabilities.<br />

Were held working meetings with the Inspector-General of Local Government and with the controllers<br />

of the financial area of the Ministry of Interior.<br />

4.3. OTHER INSTITUTIONS<br />

Following the protocols of cooperation established in 2006 with several universities, the presiding<br />

judge ma<strong>de</strong> several speeches / lectures / classes on themes within the powers and role of Court, particularly<br />

in the School of Economics and Management, School Act University of Lisbon, Institute of<br />

Social Sciences and policies. University stu<strong>de</strong>nts were received before the Court on study visit. They<br />

were also offered Journals of the Court of Auditors to universities.<br />

In 2008, signed a cooperation protocol between the Court and the Superior Institute of Military Studies.<br />

It should be noted, for example, that the Presi<strong>de</strong>nt of the Court presi<strong>de</strong>d and mo<strong>de</strong>rated a session of<br />

the International Conference "Portugal and the European Union and the U.S. - New Perspectives in<br />

the Context of Economic Globalization on the theme" Sustainable Development Public Finance and<br />

Social Security on both si<strong>de</strong>s of the Atlantic - That social contract for a new generation? "organized by<br />

the Institute of Finance and Economic Act Tax Act School, University of Lisbon.<br />

The Presi<strong>de</strong>nt ma<strong>de</strong> the PCA also interventions in secondary schools to the powers and role of the<br />

Court of Auditors.<br />

4.4. THE MEDIA<br />

In or<strong>de</strong>r to inform citizens about the results of its monitoring activity of the proper use of public funds,<br />

the Court, pursuant to paragraph 4 of article 9 of the OPLCA, publishes its acts through the media and<br />

the Internet.<br />

Official documents (Judgments, Sentences, Statements and Audit Reports), after notification of interested<br />

parties, but also press releases, statements, interviews, statements and explanations, offering<br />

the Court a Centre for Social Communication res-sible by ensure the necessary contacts.<br />

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<strong>Tribunal</strong> <strong>de</strong> <strong>Contas</strong><br />

This disclosure is also a means of, first, to report on what the Court is doing with the resources available<br />

to them and, secondly, to encourage saving practices of public resources and a new management<br />

culture based the requirement, the accuracy and quality.<br />

During the year 2008 were disclosed in the Opinion on the General State Account 2007, the Stop-ion<br />

on the Accounts of the Azores and Ma<strong>de</strong>ira, 2006, the Reports on the accounts of the Assembly and<br />

the Legislative Assemblies of Autonomous Regions, 2007, 88 Reports of Audit (Headquarters and Regional<br />

Chambers of Azores and Ma<strong>de</strong>ira), 17 Reports on Internal Verification of Audit Chamber of<br />

Azores and 3 Reports Monitoring Budget Execution and Social Security Report of 1 Monitoring of Public-Private<br />

Partnerships in the Health<br />

Were issued 27 news releases, which refer, for example, those relating to: the Con-gress of EURO-<br />

SAI, chaired by Portugal in Poland and ma<strong>de</strong> their presentation of the Court "Accounts with History" in<br />

the Congress Centre Customs, Port, and System Accountability Services and Public electronically.<br />

16 interviews were given by the Presi<strong>de</strong>nt of the Court, the media, which stated: Antena 1, TSF, Jornal<br />

<strong>de</strong> Noticias and Diario <strong>de</strong> Noticias on "Court of Auditors and extent contrary fatalism of the slippage in<br />

public works; the Weekly entitled "We must dramatically reduce the risks of corruption in the great<br />

works and combat cartelization and slippage; Vision of the" More dramatic than it solves, it should go<br />

to the roots of corruption."<br />

The documents disclosed originated in 9947 news broadcast by the media, and 3895 in press, 2345 in<br />

media (radio and television) and 3707 on the Internet, which corresponds to 828 news monthly averages.<br />

The media that broadcast a larger number of reports on the Court were: The News Journal, the<br />

Public and SIC Notícias.<br />

5. COMMUNITY AND INTERNATIONAL RELATIONS<br />

The external actions taken by the Court at Community level, un<strong>de</strong>r the International Organizations to<br />

which the Court of Auditors and belongs in the field of bilateral relations with similar institutions, which<br />

involved members of the Court and managers and technicians of its Ser -Support services are of<br />

paramount importance for the enrichment and strengthening the capacity of the Court. First, the<br />

participation in the formulation and discussion of important normative documents and / or advisors in<br />

the field of audit and financial control, but also because they result in the <strong>de</strong>velopment of joint actions<br />

with the Court of Auditors (ECA), the exchange of i<strong>de</strong>as and experience in international organizations<br />

and in special cooperation with similar institutions of the CPSC.<br />

5.1. COMMUNITY RELATIONS<br />

In the area of community relations, consultations have been two meetings of the Liaison Officers, as<br />

well as the annual meeting of the Contact Committee of Presi<strong>de</strong>nts of SAIs of the European Union.<br />

Un<strong>de</strong>r its mandate, the PCA participated in meetings of the Working Group on the Management and<br />

Control of the Structural Funds III, which drew up the final consolidated report on the analysis is<br />

carried out in parallel by the SAI members of this working group on the topic Performance of programmes<br />

in the areas of employment and the environment.<br />

At the annual meeting of the Contact Committee, held in Luxembourg, it was discussed several topics,<br />

such as the following: The fiscal reform in the EU, the revised Lisbon Strategy 2008-2010 and the<br />

results of parallel audit in management and control of the Structural Funds.<br />

The Portuguese Court of Auditors has also participated in the 8th. Meeting of the Working Group on<br />

VAT, which was formed as a forum to exchange experiences on the role of public auditors in combating<br />

fraud involving VAT in the EU, as well as a means to acquaint the participants with the various


mechanisms and procedures implemented in each country to prevent and <strong>de</strong>tect cases of tax evasion<br />

and fraud.<br />

As regards the role of PCA as the national interlocutor of the European Court of Auditors, highlights<br />

the participation, during 2008, 7 audits un<strong>de</strong>r the control of the using the various funds.<br />

Note that the PCA participated between October 2007 and December 2008, the international team<br />

formed at the invitation of the ECA, representatives of SAIs of Austria, Canada, Norway, Portugal, to<br />

conduct a peer review to European Court of Auditors.<br />

The peer review was to assess the extent to which the EC has the mandate to audit according to international<br />

standards (INTOSAI and IFAC), the rules that he himself approved and going with the internationally<br />

accepted best practices. PCA participated in December in Luxembourg at the meeting of<br />

presentation of the final report.<br />

With regard to visits and travel, it is mentioned the trip to Lisbon, a <strong>de</strong>legation of the European Court of<br />

Auditors, led by its Presi<strong>de</strong>nt, with the aim of introducing the charge of the Portuguese Government to<br />

the ECA's annual report for the year 2007<br />

5.2. INTERNATIONAL RELATIONS<br />

A) Relations with the Courts of Auditors of the CPSC<br />

Un<strong>de</strong>r the Community of Portuguese Speaking Countries (CPSC), it is noted in the field of multilateral<br />

relations:<br />

. The performance in May in Oporto, the Fifth General Assembly of the Organization of<br />

Supreme Audit Institutions of the CPSC (CPSC OISC), whose organization was in<br />

charge of PCA, which was atten<strong>de</strong>d by the SAIs of Angola, Brazil , Cape Ver<strong>de</strong>, Guinea-<br />

Bissau, Mozambique, Portugal and Sao Tome and Principe, and the SAI of Macau and<br />

East Timor participated as observers.<br />

This meeting was discussed the issue impacts the activity of the audit, approved the Strategic<br />

Plan 2008-2010 OISC CPSC and <strong>de</strong>ci<strong>de</strong>d to create a working group to implement the<br />

Plan of Operations.<br />

. The presence in Brasilia, the Portuguese Court of Auditors, the Technical Meeting on Government<br />

Auditing, organized by the Court of Accounts, Brazil, in the organization of the<br />

SAI of the CPSC.<br />

. The movement, the Court of Cape Ver<strong>de</strong>, an Audit Coordinator for a meeting of the Working<br />

Group to implement the Operational Plan of OISC CPSC, created in the V General<br />

Assembly.<br />

. The performance in Portuguese CA, a meeting of the Board of the OISC CPSC, which<br />

had as main objective the preparation of the next General Assembly of the Organization to<br />

be held in 2010 and meeting of the Working Group responsible for preparing the draft<br />

Operating Plan 2008-2010.<br />

. The holding of a joint audit by the Court of Portugal and the <strong>Tribunal</strong> of Audit Guinea-<br />

Bissau, conducted with the Executive Secretariat of the Community of Portuguese<br />

Speaking Countries, with a view to giving its opinion on the financial statements of the<br />

Fund and the Special Operations Budget, both for the financial year 2007.<br />

With bilateral approach, there have been several initiatives, such as the following:<br />

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<strong>Tribunal</strong> <strong>de</strong> <strong>Contas</strong><br />

. The visit of a <strong>de</strong>legation from the Court of the Municipality of Rio <strong>de</strong> Janeiro, hea<strong>de</strong>d<br />

by its Presi<strong>de</strong>nt, the Portuguese Court of Auditors, as a result of which was signed a cooperation<br />

protocol for the exchange of experience and knowledge in the field control functions.<br />

. The study visit of the Portuguese Court of Auditors of an Auditor of the Court of the<br />

State of Bahia, which falls in the cooperation un<strong>de</strong>r the Protocol of Cooperation, conclu<strong>de</strong>d<br />

between the two courts.<br />

. A visit to the Azores Regional Chamber of the Court's two <strong>de</strong>legations of the Court of<br />

Cape Ver<strong>de</strong> in or<strong>de</strong>r to know your organization and its operation, the first being led by its<br />

Presi<strong>de</strong>nt.<br />

. At the request of the Assembly of the Republic of Mozambique, the <strong>de</strong>legation visited<br />

her to become aware of the relationship of the Court with the Portuguese Assembly of the<br />

Republic of Portugal and the Administrative <strong>Tribunal</strong> of Mozambique.<br />

. The participation of the Portuguese Court of Auditors, the Commemorative Seminar 7 th anniversary<br />

of the Court of Angola, and its representative mo<strong>de</strong>rate the theme The State<br />

General Account and its importance and presented a communication on the audit and a<br />

priori post of public works of national reconstruction.<br />

. The visit at the invitation, the Court of Angola, 3 technicians Portuguese Court of Auditors,<br />

to make contact with their experiences in training and file.<br />

. The participation of the Portuguese Court of Auditors, at the invitation of Presi<strong>de</strong>nt of the<br />

Court of Cape Ver<strong>de</strong>, the Parliamentary Forum IV Tax System - Challenges of Development,<br />

a joint initiative of the National Assembly and the Court of Cape Ver<strong>de</strong>, which had<br />

place in the city of Praia.<br />

B) Other International Relations<br />

The Portuguese Court of Auditors is a member of other international organizations, including the IN-<br />

TOSAI (International Organization of Supreme Audit Institutions), whose Board incorporated until<br />

2007, the EUROSAI (European Organization of Supreme Audit Institutions), that the PCA Presi<strong>de</strong>nt<br />

has, since the Seventh Congress, performed the task of 1 st Vice-Presi<strong>de</strong>nt of EURORAI (European<br />

Organization of Regional Audit Institutions) and OLACEFS (Organization of Latin American and Caribbean<br />

Supreme Audit Institutions), which is an accessory member.<br />

The Court participated in the year 2008, the activity of these organizations, noted the following events:<br />

Within the sphere of INTOSAI<br />

. The meeting of the Working Group on Transparency and accountability, established within<br />

the Commission on Professional Standards.<br />

Within the sphere of EUROSAI<br />

. The meeting of the Working Group on Information Technology (EUROSAI IT Working<br />

Group - Subgroup2), held in Ljubljana and aims to analyze the report of the activities un<strong>de</strong>rtaken,<br />

as well as <strong>de</strong>ci<strong>de</strong> on all the work to be presented in the next Congress of EU-<br />

ROSAI.<br />

. The VII Congress of EUROSAI, held in Krakow, where they were treated the following<br />

subjects: A system of quality audit in the management of SAI; Audit's social programs in<br />

Education, and Audit of social programs in the area of professional integration of disabled<br />

people. The Portuguese Court of Auditors presented a written contribution on the first topic.<br />

. The Presi<strong>de</strong>nt of the Court presi<strong>de</strong>d over the Portuguese 2. Session of Congress and a<br />

Judge Adviser chaired the Working Group on the second theme. At the beginning and end


of the Congress were held meetings of the Board, respectively, for preparation and implementation<br />

of the resolutions of Congress.<br />

. This congress approved the application of the Court of Portugal to the organization of the<br />

Eighth Congress of EUROSAI 2011, by which, un<strong>de</strong>r the Statutes of EUROSAI, the Presi<strong>de</strong>nt<br />

of the Court of Auditors shall perform the office of 1st Vice Presi<strong>de</strong>nt.<br />

. The sixteenth meeting in Moscow, the Training Committee of EUROSAI, which was formally<br />

constituted in 2000, the XXII meeting of the Governing Board of EUROSAI.<br />

. The seminar on the theme Un<strong>de</strong>rstanding COBIT in support of an audit of IT governance,<br />

organized by the Training Committee and the Working Group on Information Technology<br />

(IT) of EUROSAI, held in Tallinn, Estonia, and that was to promote the use of COBIT<br />

methodology in assessing the management of IT processes in the specific context of electronic<br />

government, in its auditing and financial performance.<br />

. The seminar on Management of the IAS, which was held in Berlin.<br />

Within the sphere of OLACEFS<br />

. The Court has participated in Bogota, Colombia, in the XVIII General Assembly OL-<br />

ACEFS, regional groups of INTOSAI, as a contributing member (according to the new<br />

Statute, a member attached), which addressed the topics: The Control of EFS regarding<br />

procedures for linking public sector entities and the private sector, the intellectual capital of<br />

SAIS, and quality management services in the SAIS. PCA submitted written contributions<br />

on the first and third themes.<br />

As part of the General Assembly also held a seminar on management and combating corruption,<br />

and was presented with information about the activities of the INTOSAI Working on<br />

the Fight Against International Corruption and Money Laun<strong>de</strong>ring.<br />

Supreme Audit Institutions of the Financial NATO Countries - Annual Meeting in Brussels for consi<strong>de</strong>ration<br />

and discussion of the Report of Activities 2007 IBAN - International Board of Auditors for<br />

NATO.<br />

The Portuguese Court of Auditors has received a <strong>de</strong>legation from the Council of Europe, for discussion<br />

and exchange of information on the Local Finance Act, and a <strong>de</strong>legation from the OECD, to collect<br />

information on the Portuguese budgetary process.<br />

The Portuguese Court of Auditors participated also in Maastricht (Netherlands), paragraph 64. Congress<br />

of the International Institute of Public Finance (IIPF), which had the theme of Demographics<br />

and pensions, and in Kuala Lumpur, Malaysia, at the XVI International Congress Files on the theme<br />

Archives, Governance and Development: Mapping Future Society.<br />

In the framework of bilateral cooperation, there are the visits to the PCA, the Presi<strong>de</strong>nt of the Court<br />

of Slovenia and a <strong>de</strong>legation of the Court of Ukraine, to learn about the organization, operation and<br />

activities of the Portuguese Court of Auditors.<br />

The latter move led to the conclusion of a Protocol of Cooperation between the audit Portuguese and<br />

Ukrainian, with a view to enhance cooperation in various areas.<br />

PCA also received a <strong>de</strong>legation from the Democratic Republic of Timor-Leste, hea<strong>de</strong>d by the Minister<br />

of Justice, for signing a Memorandum of Un<strong>de</strong>rstanding with a view to <strong>de</strong>veloping closer relations<br />

and cooperation in the production of legislation, training of Timorese and technical and legal assistance,<br />

with the aim of creating the Municipality of Accounts Timor-Leste to be fed into the High Administrative,<br />

Tax and Audit.<br />

And also received a visiting <strong>de</strong>legation of the National Assembly of Serbia, hea<strong>de</strong>d by its Presi<strong>de</strong>nt,<br />

for discussion and exchange of information on the relationship between the audit and the respective<br />

national parliaments, and a <strong>de</strong>legation from the Ministry of Finance of Turkey to learn about the Por-<br />

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51<br />

<strong>Tribunal</strong> <strong>de</strong> <strong>Contas</strong><br />

tuguese experience in such matters as the structure and functioning of the Ministry of Finance and<br />

Public Administration, the preparation of the General State Account, the accrual accounting and the<br />

preparation of National Accounts in the Public Administrations.<br />

Involvement of the Portuguese Court of Auditors, in Cetinje, at the invitation of the Court of Montenegro,<br />

at the Workshop on Public relations and communications strategies of SAI's, and in Tunis at the<br />

invitation of Presi<strong>de</strong>nt of the Court of Accounts of Tunisia, the Colloquium commemorating the 40 th<br />

Anniversary of this Court, and the Presi<strong>de</strong>nt of the PCA ma<strong>de</strong> a statement on the recent evolution of<br />

the Portuguese Court of Auditors.<br />

It should be noted, though, the participation of a <strong>de</strong>legation of the Portuguese Court, hea<strong>de</strong>d by its<br />

Presi<strong>de</strong>nt, University of Montpellier, in the Symposium on Reform of the financial procedures of the<br />

courts and the European Convention on Human Rights, has issued a communication on the theme of<br />

the symposium.<br />

The Portuguese Court of Auditors, as auditor of the accounts of the Western European Union<br />

(WEU), has audited the accounts of 2007 of the WEU Assembly and the Secretariat, 2007, in this case<br />

jointly with the SAIs of the Netherlands and the Court of Spain.<br />

The Court also continued to integrate the Audit Committee of the European Space Agency, the tenassumed<br />

the presi<strong>de</strong>ncy in 2008.<br />

6. RESOURCES USED<br />

6.1. HUMAN RESOURCES<br />

At the end of 2008, the Court had 19 Counsellor Judges, including the Counsellor Presi<strong>de</strong>nt, and<br />

their Support Services to 564 staff on duty (482 at Headquarters, 42 in the Regional Chamber of<br />

the Azores and 40 at the Regional Chamber of Ma<strong>de</strong>ira). Of these, 244 fell within the special body<br />

of control.<br />

Of the 19 Counsellor Judges, 17 had functions at Headquarters (Presi<strong>de</strong>nt, 4 assigned to 1 st Chamber,<br />

9 to 2 nd Chamber, and 3 to 3 rd Chamber) and 1 in each of the Regional Chambers of Azores and<br />

Ma<strong>de</strong>ira.<br />

As shown in Table below, the number of staff on duty has been <strong>de</strong>clining.<br />

Table 15<br />

Evolution in the number of Support Services permanent staff<br />

2006 2007 2008<br />

Headquarters 493 496 482<br />

Regional Chamber of Azores<br />

44 40 42<br />

Regional Chamber of Ma<strong>de</strong>ira 42 40 40<br />

Total 579 576 564


The breakdown by professional groups is presented in the following graph:<br />

Technical, technical assistance<br />

Act official<br />

9%<br />

Graph 7<br />

Permanent staff by professional groups – Support Services<br />

Administrative,<br />

oper. and aux.<br />

25%<br />

Informatics<br />

Technology<br />

4%<br />

Presid. Cab.<br />

1%<br />

Higher tech. Staff<br />

14%<br />

The in<strong>de</strong>x of technical sophistication in the wi<strong>de</strong>st sense (ratio advanced technical staff + technical<br />

staff + technical vocational / total employees), for all the support services, including those of the<br />

Regional Chambers, is 74.82%.<br />

The Court also, when the specificity of the audit recommends, hiring outsi<strong>de</strong> experts. In 2008, experts<br />

were hired to carry out a study of macro-economic framework to integrate the opinion on the<br />

General State Account 2007 and consultants to opine on audits of consulting fees in the sector Emprize<br />

of the State and the Office Funds Management Security Capitalization.<br />

Since your main personal appeal, the Court invests in the <strong>de</strong>velopment of their potential, providing<br />

them with training, consolidating and updating of knowledge, organized by the Court itself or by<br />

other bodies.<br />

Thus, in 2008, there were 107 training sites (organized by the Court and its premises - 80 at Headquarters,<br />

13 and 14 in the RCA RCM), with an average participation of about 23 people per share.<br />

Besi<strong>de</strong>s these, there was also participation in 78 external operations (38 operations atten<strong>de</strong>d by<br />

staff from Headquarters, 10 personnel of the RCA and 30 staff SPC) comprising courses, seminars,<br />

conferences, meetings or seminars.<br />

In all measures, internal and external, there were 2645 participations. The actions organized by the<br />

Court had the participation of 17 persons from the outsi<strong>de</strong>.<br />

The Court provi<strong>de</strong>s also training to judges, officials and technicians from other SAIs. In 2008 he received<br />

in stage 10 participants of the Court of Cape Ver<strong>de</strong>.<br />

52<br />

Managers<br />

10%<br />

Special Body<br />

36%


Table 16<br />

Training in 2008 – Headquarters and Regional Chambers<br />

No. of<br />

actions<br />

53<br />

<strong>Tribunal</strong> <strong>de</strong> <strong>Contas</strong><br />

The number of entries in training has increased (19% from 2007 to 2008) and the number of hours<br />

spent in training as well (9% increase from 2007 to 2008).<br />

In terms of spending on education (direct costs - payments to trainers and training abroad) they represent<br />

0.44% of total expenditure.<br />

For trainers, the Court relies on the aca<strong>de</strong>mic faculty and specialists from training institutions and consultancy,<br />

but also the staff of the Court itself. In 2008, similar to what happened in 2007, the Court<br />

held that an action had the trainers an auditor of the National Audit Office (NAO) of the United Kingdom.<br />

The training covered the following areas: auditing, accounting, Act, finance, management, IT, European<br />

Union, and Organizational Development. Integrate these activities, conferences on various topics<br />

of interest to the Court.<br />

Court employees (directors and others) are active also as trainers in external actions, while public<br />

and private organizations have requested the Court.<br />

Accordingly, in 2008, there were 54 interventions that form the seat of the Court, in 50 activities organized<br />

by other bodies, corresponding to a total of 442 hours of training given.<br />

6.2. FINANCIAL RESOURCES<br />

No. hours<br />

of<br />

actions<br />

No. of<br />

participations<br />

No. hours<br />

Used in<br />

training<br />

Total cost<br />

(Euros)<br />

Internal (HQ and RC) 107 1 002 2 480 19 231 90 210<br />

External 78 1 239 165 2 208 20 375<br />

Total 185 2 241 2 645 21 439 110 585<br />

Actual expenditure of the Court of Auditors in 2008 was of 24 862 644 Euros (21 521 999 Euros at<br />

Headquarters, 1 734 458 Euros at the Regional Chamber of Azores and the 1 606 187 Euros at the<br />

Regional Chamber of Ma<strong>de</strong>ira).<br />

Its structure by financing sources is shown in Graph 8, and 77% of which was financed by the State<br />

Budget and 23% by the Court Coffers.


Graph 8<br />

Expenses by financing source<br />

SB -<br />

Operations<br />

77,1%<br />

€ 19 170 172<br />

Revenues from the Court Treasury come, chiefly, from fees charged by the Court.<br />

In terms of economic classification, the breakdown of expenditure is given in Table 17, emphasizing<br />

that 87% of that for expenses of staff (85% in 2007).<br />

Table 17<br />

Expense structure by economic classification<br />

(In Euros)<br />

Economic Classification<br />

Headquarters RCA RCM<br />

Valor<br />

Total<br />

%<br />

Operational Budget 21 521 999 1 734 458 1 606 187 24 862 644 100%<br />

Personnel Expenses 18 658 237 1 586 355 1 382 048 21 626 640 87%<br />

Current Goods and Services 2 656 267 126 707 167 752 2 950 726 12%<br />

Capital Goods 207 495 21 396 56 387 - 285 278 1%<br />

The distribution of expenditure by activity is given in Table 18.<br />

Table 18<br />

Expense structure by activities in 2008<br />

Activities Headquarters RCA RCM<br />

The expense of the Court (Headquarters and Regional Chambers) has evolved from 2006 to 2008,<br />

according to Table 19.<br />

54<br />

€ 5 692 472<br />

Coffers of<br />

the Court<br />

22,9%<br />

Total 21 521 999 1 734 458 1 606 187 24 862 644 100%<br />

(In Euros)<br />

Value %<br />

Financial Control and enforcement of<br />

financial liabilities 13 235 056 1 166 663 957 499 15 359 218 62%<br />

Development and resources management 8 286 943 567 795 648 688 9 503 426 38%<br />

Total<br />

Total 21 521 999 1 734 458 1 606 187 24 862 644 100%


Table 19<br />

Evolution of the expenses from 2006 to 2008, by economic classification<br />

Economic classification of expenses<br />

55<br />

<strong>Tribunal</strong> <strong>de</strong> <strong>Contas</strong><br />

Regarding the evolution of expenditure by financing source, the trend was shown in Table below.<br />

Table 20<br />

Evolution of the expenses from 2006 to 2008, by financing sources<br />

Financing sources<br />

The <strong>de</strong>velopment of expenditure distributed by Headquarters and Regional Chambers is reported<br />

in Table<br />

Table 21<br />

Evolution of expenses from 2006 to 2008, by Headquarters and Regional Chambers<br />

Headquarters/RC<br />

2006<br />

2007<br />

((In Euros)<br />

2008<br />

Amount Amount Variation Amount<br />

Personnel expenses 21 124 602 21 372 477 1% 21 626 640 1%<br />

Current goods and services 2 880 552 3 117 036 8% 2 950 726 -5%<br />

Capital Goods 366 857 508 123 39% 285 278 -44%<br />

Goods and Services - CADIEP 46 222<br />

Total 24 418 233 24 997 636 2,4% 24 862 644 -0,5%<br />

2006<br />

(In Euros)<br />

2007 2008<br />

Amount Amount Variation Amount Variation<br />

Coffers 6 916 669 6 292 946 -9% 5 692 472 -10%<br />

State Budget * 17 501 564 18 704 690 7% 19 170 172 2%<br />

Total<br />

* Inclu<strong>de</strong>s Chap. 50 - CADIEP<br />

24 418 233 24 997 636 2,4% 24 862 644 -0,5%<br />

2006<br />

2007<br />

(In Euros)<br />

2008<br />

Amount Amount variation Amount variation<br />

Headquarters 21 014 604 21 437 322 2% 21 521 999 0%<br />

Azores Regional Chamber 1 742 846 1 690 619 -3% 1 734 458 3%<br />

Ma<strong>de</strong>ira Regional Chamber 1 660 784 1 869 695 13% 1 606 187 -14%<br />

Total 24 418 234 24 997 636 2,4% 24 862 644 -0,5%


6.3. INFORMATION SYSTEMS AND TECHNOLOGY<br />

In the context of the relationship of the Court of Auditors for the entities un<strong>de</strong>r their jurisdiction and<br />

control, and as a result of the previous <strong>de</strong>velopments in 2008 is possible at the Headquarters of the<br />

PCA, using the application of accounting electronically to all entities that, by Act, implement the<br />

PNPA sector. Thus, were <strong>de</strong>livered through this system, 84 management accounts.<br />

Also this year, began on an experimental basis in the CAR, accountability by electronics, and was invited<br />

to participate in the project five pilot entity distinct natures: the Legislative Assembly of the<br />

Azores; Health Centre Vila do Porto; Primary School integrated with secondary education of Ginetes;<br />

Municipality of Ponta Delgada; Fund the Regional Land Transport.<br />

Began also work on planning and project <strong>de</strong>velopment facilities "TCJURE - Legal Information" and<br />

"Electronic Document Collection", to integrate the external portal of the Court of Auditors and permanent<br />

interconnection with the systems of "Mo<strong>de</strong>rnization of incoming mail and electronic file<br />

"and" Accountability of the Offices of the State electronically.<br />

At the subsystem level, electronic archiving, <strong>de</strong>veloped the internal testing phase-integrated modules<br />

for registration of mail and document management area of oversight prece<strong>de</strong> and.<br />

There was also the start of the testing phase of the computerized system of the audit process, which<br />

was based on Volume II of the Audit Manual of Procedures and the Court's accounts of what is expected<br />

and might be a tool systematizing the work of auditing.<br />

In the restructuring of the support application to the Information System Planning and Evaluation<br />

Management and coherent integration with the global evaluation began Theoretical and empirical<br />

specification of requirements and <strong>de</strong>finition of work schedules.<br />

In terms of technological infrastructure, it was being updated to follow the natural evolution of computing<br />

environments.<br />

56


ANNEX I<br />

Concomitant control - Audits finished in 2008 2<br />

57<br />

<strong>Tribunal</strong> <strong>de</strong> <strong>Contas</strong><br />

Audit subject No. of report<br />

Municipality of Paços <strong>de</strong> Ferreira, within the scope of the public Works contract of "Requalification<br />

of ER 209"<br />

Municipality of Vila Franca <strong>de</strong> Xira, within the scope of the public Works of "Construction of the<br />

Infant recreation Centre / ATL - Arcena/Bom Sucesso, in Alverca of Ribatejo"<br />

Municipality of Arruda dos Vinhos, within the scope of the public Works "Construction of the Health<br />

Centre of Arruda<br />

Municipality of Lousada, within the scope of the public Works "Construction of the Junction highway<br />

of Vila <strong>de</strong> Lousada to EM562 (Access of the Industrial Zone of Lustosa to the Section of<br />

A11/IP9 and A42/IC25)"<br />

Municipality of St.º Tirso, within the scope of public Works of "Road Rehabilitation of the National<br />

Road EN209-2"<br />

Municipality of Aljezur, within the scope of the public Works contract of "Construction of the municipal<br />

swimming pools"<br />

Harbour Institute For The Maritime Transports, P. I., within the scope of the public Works "Works<br />

necessary for the improvement of the accessibilities and the safety conditions of the Barra do<br />

Douro"<br />

Municipality of Pare<strong>de</strong>s <strong>de</strong> Coura<br />

Municipality of Vila Franca <strong>de</strong> Xira, in the ambit of the public Works of the "Construction of the<br />

Neo-Realism Museum - Vila Franca <strong>de</strong> Xira"<br />

Polytechnic Institute of Lisboa, in the ambit of the public Works of the "Construction of the Building<br />

7 - ISEL"<br />

Municipality of Aguiar da Beira, in the ambit of the public Works of the "Construction of the football<br />

field, seats and Support Building ", within the same Municipality<br />

Municipality of Sintra, in the ambit of the public Works of the "Construction of the Communitarian<br />

Centre and outward appearance in the Alto do Forte, Serra das Minas”<br />

Municipality of Crato, in the ambit of the public Works "Municipal uncovered swimming pools of<br />

Crato"<br />

Municipality of Vila Franca <strong>de</strong> Xira, in the ambit of the public Works of the "Construction of the<br />

Urban Park of the Forte da Casa - Phase II"<br />

Municipality of Montemor-o-Velho in the ambit of the public Works of the "Construction of the Ex<br />

E.N. 341 from Km 30,050 to Km 37,023"<br />

Municipality of Amadora, in the ambit of the public Works for the "Requalification of the Scholar<br />

park of Brandoa/EB1, Childhood Centre- ATL"<br />

Municipality of Vila Ver<strong>de</strong>, in the ambit of the public Works for the "Requalification of the Council<br />

House "<br />

Portuguese Institute for Drugs and Addiction, PI, in the ambit of the public Works of the "Construction<br />

of Drug withdraw Unit of the Reception Centre for Drug addicts of the Algarve Leeward "<br />

Municipality of Gondomar, in the ambit of the public Works of the "Conception/Construction of the<br />

Gondomar all-purpose pavilion”<br />

Municipality of Viana do Alentejo, in the ambit of the public Works of the “Viana Movie Theatre<br />

Remo<strong>de</strong>lling”<br />

2 Some of the audit reports are available at the Court of Auditors Webpage: www.tcontas.pt<br />

49/08-1 st C<br />

48/08-1 st C<br />

47/08-1 st C<br />

46/08-1 st C<br />

45/08-1 st C<br />

44/08-1 st C<br />

43/08-1 st C<br />

42/08-1 st C<br />

41/08-1 st C<br />

40/08-1 st C<br />

39/08-1 st C<br />

38/08-1 st C<br />

37/08-1 st C<br />

36/08-1 st C<br />

35/08-1 st C<br />

34/08-1 st C<br />

33/08-1 st C<br />

32/08-1 st C<br />

31/08-1 st C<br />

30/08-1 st C


Municipality of Torres Novas, in the ambit of the public Works of the "Construction of the Torres<br />

Novas Municipal Library”<br />

Municipality of Albergaria-a-Velha<br />

Municipality of Ourém<br />

Municipality of Barrancos, in the ambit of the public Works of the "Construction of the Barrancos<br />

Fairs and Exhibitions Park”<br />

Municipality of Matosinhos, in the ambit of the public Works of the "Construction of the Sport Zone<br />

of Lavra"<br />

Municipality of Torres Vedras, in the ambit of the public Works of the "Construction of the west<br />

variant Avenue – 2 nd Phase "<br />

Municipality of Porto <strong>de</strong> Mós, in the ambit of the public Works of the "National Highway 362 Rehabilitation"<br />

Municipality of Torres Vedras<br />

Municipality of Pombal, in the ambit of the public Works of the "Repair and preservation National<br />

highway EN327-1”<br />

Municipality of Sintra, in the ambit of the public Works for the "Construction of the Living Science<br />

Centres, Street railway Terminal, Housing building, Administrative support in the Ribeira <strong>de</strong> Sintra"<br />

Municipality of Cartaxo, in the ambit of the public Works for the "Construction of the Municipal<br />

Sport and Recreation House – 2 nd Phase (seats, Bathing-place and bancadas, balneários e iluminação)<br />

Municipality of Albergaria-a-Velha, in the ambit of the public Works for the "Sewage network of the<br />

São João <strong>de</strong> Loure and Alquerubim Parishes - Phase B"<br />

Municipality of Setúbal, in the ambit of the public Works for the "Recovery of the slum Dois <strong>de</strong> Abril”<br />

Municipality of Portimão, in the ambit of the public Works for the “Palácio Sárrea - Cultural Forum"<br />

Municipality of Coruche, in the ambit of the public Works for the "Requalification of the riversi<strong>de</strong><br />

Zone of Coruche”<br />

Municipality of Lagos, in the ambit of the public Works for the "Construction of the municipal pavilion<br />

and swimming pool and external outward appearance "<br />

Municipality of Vila do Con<strong>de</strong>, in the ambit of the public Works contract for the "Restructuring and<br />

Expansion of the S. Sebastião House – Municipal Archive/Memory Centre"<br />

Municipality of Lisboa, in the ambit of the 1 st additional to the public Works contract no. 6/DCV/02 –<br />

Rego Tunnel and Road network of access<br />

Municipality of Faro, in the ambit of the 7 th to 9 th additional to the public Works contract for the<br />

”construction of the Faro Municipal Theatre”<br />

Galveias Parish, in the scope of the public Works for the "Conception and construction of the<br />

Galveias swimming pools.”<br />

Municipality of S. João da Pesqueira, in the ambit of the public Works for the "Sports and Recreate<br />

Park of the Mata do Cabo – 1 st Phase – Swimming Pool and Camping”<br />

Municipality of Mangual<strong>de</strong>, in the ambit of the public Works for the "Construction of the "Rehabilitation<br />

of the Municipal Highway 595”<br />

Municipality of Pare<strong>de</strong>s, in the ambit of the public Works for the "Conception/Construction of the<br />

sportive pavilion of Lor<strong>de</strong>lo "<br />

Portugal Highways, in the sphere of the public Works "EN - 17, rehabilitation between the Ponte da<br />

Mucela and Catraia dos Poços"<br />

58<br />

29/08-1 st C<br />

28/08-1 st C<br />

27/08-1 st C<br />

26/08-1 st C<br />

25/08-1 st C<br />

24/08-1 st C<br />

23/08-1 st C<br />

22/08-1 st C<br />

21/08-1 st C<br />

20/08-1 st C<br />

19/08-1 st C<br />

18/08-1 st C<br />

17/08-1 st C<br />

16/08-1 st C<br />

15/08-1 st C<br />

14/08-1 st C<br />

13/08-1 st C<br />

12/08-1 st C<br />

11/08-1 st C<br />

10/08-1 st C<br />

09/08-1 st C<br />

08/08-1 st C<br />

07/08-1 st C<br />

06/08-1 st C


Loures Municipal Services of Wastewater, within the sphere of the public Works for the "Water<br />

supply network to Loures - Conception/Construction of the do Loures reservoir and execution of<br />

the sections of distributer tubing "<br />

Municipality of Fundão, within the sphere of the public Works "Casa da Moagem”<br />

Municipality of Portalegre, in the ambit of the public Works "Recuperation/rehabilitation of the Portalegre<br />

Royal Woolen Factory”<br />

Additional to prior approved contracts (Responsibility for sending the approved contracts additional<br />

to the Court of Auditors) – Regional Administration<br />

Municipality of Ribeira Gran<strong>de</strong> – personnel procedures<br />

Public Works of the implementation of the water supplier system to the farm and cattle raising, in<br />

the municipality of Vila do Porto - IROA (procedure of prior control no. 172/2002, 158/2003,<br />

124/2004 e 114/2005)<br />

Public Works contract for the construction of the Pico island abattoir<br />

Directorate Regional for Culture and <strong>de</strong>pen<strong>de</strong>nt services – personnel procedure<br />

Compliance assessment of the recommendations ma<strong>de</strong> to the Manchico Municipality (Rel. No.<br />

22/05)<br />

Regional Secretariat for Social Affairs (2007), in the ambit of the contracts not subject to prior control<br />

MAR Municipalities, in the scope of Public Contracts – public Works – administrative in<strong>de</strong>btedness<br />

<strong>de</strong>riving from (not assumed and not paid expenses)<br />

59<br />

<strong>Tribunal</strong> <strong>de</strong> <strong>Contas</strong><br />

05/08-1 st C<br />

04/08-1 st C<br />

03/08-1 st C<br />

16/08-RCA<br />

11/08-RCA<br />

10/08-RCA<br />

08/08-RCA<br />

02/08-RCA<br />

09/08-RCM<br />

04/08-RCM<br />

03/08-RCM<br />

Concomitant control – Main observations (OBS) and recommendations (REC)<br />

OBS. Been carried out more by entering into an additional contract, whose value corresponds to 24.99 percent of the value<br />

of the award, having as basis the occurrence of unpredictable changes in the market situation of livestock and meat<br />

were not established by the <strong>de</strong>veloper ;<br />

REC. Have fulfilled the requirements to which the conclusion of additional contracts to perform work more, in particular,<br />

their need was the result of unforeseen circumstances for the works and meet the <strong>de</strong>adline set out in paragraph 2 of<br />

Article 47 . of the OPLCA for submission to the Court, of additional public works contracts that may have been targeted;<br />

OBS. Failure to comply with the provisions of Article 47, Paragraph 2, the OPLCA in 3 of the 12 additional contracts in that<br />

sample of 36 contracts involved;<br />

REC. Refer to RCA all contracts related to contracts, whatever their <strong>de</strong>signation and evaluation of its contents;<br />

OBS. Default un<strong>de</strong>r the prior control No 114/2005 of information likely to mislead the Court into error in its <strong>de</strong>cision on the<br />

financial value of the contract;<br />

REC. Instruct the monitoring procedures with all relevant information available and should be submitted in accordance with<br />

Acts and regulations, including those relating to <strong>de</strong>termining the financial value of the contract or the total public expenditure;<br />

OBS. Breach of the phase of no place in the prior authorization of expenditure and the recording of commitments to third<br />

parties;<br />

REC. To assure prior budgetary provisions of the expenditure and the recording of commitments, in compliance with the<br />

provisions of paragraphs 2.6.1 and 2.3.4.2, al. d) NPALA.


ANEXO II<br />

Successive Control – Audits finished in 2008 3<br />

AREA /Audit Subject No. of report<br />

GENERAL STATE ACCOUNT AND AUTONOMOUS REGIONS<br />

Financial assistance by the Office for the Media (ex-Institute for the Media)<br />

Financial assistance, in 2007, by the Directorate Regional of Education of Lisboa and Vale do Tejo<br />

(DRELVT)<br />

60<br />

45/08-2 nd C<br />

41/08-2 nd C<br />

Financial assistance by the National Authority for Civil Protection, in 2007 33/08-2 nd C<br />

Attachment proceedings accomplished by the Directorate-General of Customs 56/08-2 nd C<br />

Control system for the operations accomplished in the ambit of the State Building Heritage - 2007 5 2/08-2 nd C<br />

Cobrança <strong>de</strong> receitas públicas por entida<strong>de</strong>s colaboradoras 34/08- 2 nd C<br />

State creditors in the area of the Ministry of Finance – interest rebate 16/08-2 nd C<br />

Internal Control System in the ambit of the Direct Regional Administration – circuit survey 08/08-RCM<br />

Commitments ma<strong>de</strong> and not paid a)<br />

Accounts Consolidation of the public administrative sector a)<br />

Debt duties a)<br />

Public <strong>de</strong>bt management operations a)<br />

Assumption of passive liabilities and regularization of liabilities a)<br />

Guaranteed Debt a)<br />

Operations reflecting the financial sheets of State a)<br />

Operations reflecting the financial sheets of FSA a)<br />

ADMINISTRATIVE PUBLIC SECTOR<br />

CADIEP AND RADIEP, Communitarian Funds and economic Functions (agriculture,<br />

environment, public Works and transports)<br />

Institute of the Vine and Wine, I.P. (IVV) – Revenue and Expenditure Account of 2006 5/09-2 nd C<br />

Budgetary Programme PO19 – Environment and regional planning 3/09-2 nd C<br />

Programme “Information Society and Electronic Government”, of the CADIEP 54/08-2 nd C<br />

Construction and Real Estate, PI (InCI, IP) – 2006 Expenditure and Revenue account – financial<br />

audit<br />

50/08-2 nd C<br />

Operational Programme for the Public Administration - POAP 49/08-2 nd C<br />

Operational Programme PESCA (MARE) 44/08-2 nd C<br />

Financial Institute for the Regional Development, IP – Technical Assistance Programme Measures<br />

- QCA III, Cohesion Fund II and QREN<br />

Projects of the CADIEP of the CP – Portuguese Railways, E.P., integrated in the Measure 005 –<br />

“Security, Quality and efficiency of the Transport System” of the Budgetary Programme 024 –<br />

“Transports"<br />

43/08-2 nd C<br />

42/08-2 nd C<br />

Regional Directorate for the Environment 17/08-RCA<br />

SIDEP – Premium Subsystem 05/08-RCA<br />

Programme Contract for the Touristic Promotion Development – DRT/ATA 03/08-RCA<br />

Follow-up of the Implementation of the Investments Azores Regional Plan 01/08-RCA<br />

3 The most of the reports is available at the internet page of the PCA: www.tcontas.pt


General Functions of Sovereignty<br />

Opinion on the Parliament account– financial audit<br />

Inspection-General of the Justice Services<br />

Non financial <strong>de</strong>bts of the National Directorate of the Public Police Force - PSP (2006 and 2007)<br />

Recommendations Follow-up in the ambit of the audit to the "Financing of the Regime of Access to<br />

Act and Courts – Management and Control Systems "<br />

National Strategy for Nature Conservation and Biodiversity<br />

Public Investment of Equipment for Armed Forces in the ambit of the Military Programming Act –<br />

Marine Investments<br />

61<br />

<strong>Tribunal</strong> <strong>de</strong> <strong>Contas</strong><br />

Parecer AL<br />

02/09-2 nd C<br />

57/08-2 nd C<br />

47/08-2 nd C<br />

36/08-2 nd C<br />

31/08-2 nd C<br />

Re-housing Programmes – National Institute for Housing 21/08-2 nd C<br />

External Peripheral Services of the Foreign Affairs Ministry – Computerization and initiatives taken<br />

as a result of former recommendations<br />

External Verification of the PCA Account – Headquarters, 2007 expenditure and revenue account<br />

ALRAA Services Activity and Management<br />

Legislative Assembly of Ma<strong>de</strong>ira, 2007 account<br />

Utilization of the parliamentary subventions carried out by the Legislative Assembly of Ma<strong>de</strong>ira in<br />

2006<br />

Treasury Account of the Ma<strong>de</strong>ira Regional Government - 2007<br />

Treasury Account of the Ma<strong>de</strong>ira Regional Government - 2006<br />

Science, Innovation and Higher Education, Education, Culture and Sports<br />

Inspection-General of Education<br />

Social Action Services of University Technologic of Lisboa (2006 expenditure and revenue account)<br />

National Theatre of S. João, E.P.E.<br />

Higher Technology Institute (2006 expenditure and revenue account)<br />

Social Action Services of University of Coimbra (2006 expenditure and revenue account)<br />

Acquisitions of goods and services, 2005 expenditure and revenue account - University of Algarve,<br />

University of Beira Interior, University of Évora, University of Trás-os-Montes and Alto<br />

Douro<br />

Acquisitions of goods and services, 2005 expenditure and revenue account - University do Évora<br />

Acquisitions of goods and services, 2005 expenditure and revenue account – University of Algarve<br />

Rectory of New University of Lisboa (2006 expenditure and revenue account) – financial audit<br />

DREALE – Directorate Regional of Education of Alentejo (2005 expenditure and revenue account)<br />

Primary School integrated with secondary education of Povoação and Scholar Fund, Azores<br />

Secondary School Vitorino Nemésio and Scholar Fund, Azores<br />

Primary School integrated with secondary education of Água <strong>de</strong> Pau and Scholar Fund<br />

03/08-2 nd C<br />

VEC 1/08-2 nd C<br />

06/08-RCA<br />

10/08-RCM<br />

05/08-RCM<br />

VEC 11/08-RCM<br />

VEC 1/08-RCM<br />

04/09-2 nd C<br />

55/08-2 nd C<br />

51/08-2 nd C<br />

38/08-2 nd C<br />

30/08-2 nd C<br />

RS1/08- 2 nd C<br />

20/08-2 nd C<br />

19/08-2 nd C<br />

08/08-2 nd C<br />

07/08-2 nd C<br />

18/08- RCA<br />

09/08- RCA<br />

04/08- RCA<br />

Financial assistance to the Private Teaching Institutions 13/08-RCM<br />

Health<br />

Implementation of the management Contract of the HFF - Hospital Fernando da Fonseca<br />

(Amadora-Sintra) – Performance audit<br />

Hospital of Faro, EPE – I<strong>de</strong>ntification of the main creditors and characterization of the respective<br />

<strong>de</strong>bts<br />

46/08-2 nd C<br />

40/08-2 nd C


Hospital Garcia da Orta, EPE – I<strong>de</strong>ntification of the main creditors and characterization of the respective<br />

<strong>de</strong>bts<br />

62<br />

39/08-2 nd C<br />

Control System for the Pharmacy Billing 35/08-2 nd C<br />

Hospital Centre of Setúbal, EPE 27/08-2 nd C<br />

Project of the New Hospital of Cascais in PPP 06/08-2 nd C<br />

Hospital of Horta (2006 expenditure and revenue account) 14/08-RCA<br />

Hospital of Santo Espírito of Angra do Heroísmo (2006 expenditure and revenue account) 12/08-RCA<br />

Social Security, Labour/Employment and Professional Training<br />

Inspection-General of Ministry for Labour and Solidarity 01/09-2 nd C<br />

Systems for collecting contributions and allotments and relationship with collaborating institutions<br />

in their collection<br />

53/08-2 nd C<br />

Wage Guarantee Fund (WGF), 2006 expenditure and revenue account, financial audit 25/08-2 nd C<br />

Professional Training Centre for Fisheries Sector (FORPESCAS), financial audit 24/08-2 nd C<br />

LOCAL AUTHORITIES<br />

Municipality of Óbidos - 2004/2005 expenditure and revenue accounts 28/08-2 nd C<br />

Parish Council of Carvoeira - 2005 and 2006 expenditure and revenue accounts 17/08-2 nd C<br />

Parish Council of Gavião (Vila Nova <strong>de</strong> Famalicão) – 2006 expenditure and revenue account<br />

Study Centre and local Authority training - 2004 and 2005 expenditure and revenue accounts<br />

Municipality of Vila Nova <strong>de</strong> Famalicão - 2006 expenditure and revenue account<br />

Municipality of Vila Real - expenditure and revenue accounts 2005 and 2006 – financial audit<br />

Parish Council of São Martinho do Porto - expenditure and revenue accounts 2003/2004<br />

Municipality of Velas, Azores<br />

Full time support in judicial proceedings to the Municipality of Santa Cruz das Flores Presi<strong>de</strong>nt and<br />

to the Town Councillor<br />

Municipality of Vila do Porto<br />

Municipality of Funchal within the scope of the factuality indicating eventual recovery financial liability<br />

mentioned in the Report of the Inspection Administrative and Financial to the 2003 and<br />

2004 expenditure and revenue accounts<br />

Funchal Municipality Parish Council Within the scope of the transfer and other support means -<br />

2006<br />

STATE OWNED COMPANIES SECTOR (SOCS)<br />

SOCS and Operation and Staff Expenditure of the Central Administration<br />

Debits and medium-term for payment of the commercial transactions of the SOCS (Management<br />

thematic)<br />

15/08-2 nd C<br />

14/08-2 nd C<br />

12/08-2 nd C<br />

11/08-2 nd C<br />

04/08-2 nd C<br />

15/08-RCA<br />

13/08-RCA<br />

07/08-RCA<br />

12/08-RCM<br />

07/08-RCM<br />

48/08-2 nd C<br />

Public Works Slippage – Third vertical report – Music House 37/08-2 nd C<br />

Recommendations Follow-up within the scope of the State Owned Companies Sector and good<br />

governance practices<br />

32/08-2 nd C<br />

Consultancy Expenses of the Central Administration 29/08-2 nd C<br />

AdP – Portugal Waters, SGPS, PLC – 2003 to 2006 Expenditure and revenue accounts 23/08-2 nd C<br />

Public Works Slippage – Blue Line - Terreiro do Paço Tunnel/ Santa Apolónia – Second Vertical<br />

report<br />

22/08-2 nd C


63<br />

<strong>Tribunal</strong> <strong>de</strong> <strong>Contas</strong><br />

Summary of The Regulation Theme 18/08-2 nd C<br />

Management of the Public-Private Partnership Management - road concessions 10/08-2 nd C<br />

Public Works Slippage – Rehabilitation of the Rossio Tunnel– First vertical report 5/08-2 nd C<br />

SOCS for the Autonomous Regions<br />

Financing of the Development companies and of the Ma<strong>de</strong>ira Business Parks Company, Plc -<br />

2006<br />

06/08-RCM<br />

Investments and Water Management, PLC – 2006 02/08-RCM<br />

State Owned Municipal Companies Sector<br />

Follow-up to the EMSUAS – Municipal company of Alcácer do Sal Urban Services, MC recommendations<br />

(Rel. 4/05)<br />

26/08-2 nd C<br />

PISOESTE (Inert Park and Western Services) – Ex-PICMAO recommendations compliance 13/08-2 nd C<br />

Vendas Novas Industrial Park Company- performance audit 09/08-2 nd C<br />

a) Action without autonomous report, <strong>de</strong>veloped in the ambit of the GSA Opinion.<br />

RS – Summary Report<br />

Successive Contol – Follow-up Reports in 2008<br />

AREA/FOLLOW-UP SUBJECT<br />

Follow-up of the Budgetary Implementation<br />

Follow-up of the implementation of Social Security Budget – January to March 2008<br />

No. of report<br />

3/08-AEOSS<br />

Follow-up of the implementation of Social Security Budget - January to December 2007 2/08-AEOSS<br />

Follow-up of the implementation of Social Security Budget - January to September 2007 1/08-AEOSS<br />

Follow-up of the implementation of State Revenue – January to June 2008 1/08-AEORE<br />

Health<br />

Follow-up of the Economic and financial situation of NHS in 2007<br />

01/08- ASEFNHS<br />

- 2 nd C<br />

Successive Control – Main observations (OBS) and recommendations (REC)<br />

GENERAL STATE ACCOUNT (GSA) AND AUTONOMOUS REGIONS ACCOUNTS (ARA)<br />

OBS. No relief from all the tax-the GSA, existing taxes to which it is not given any value, and for those in which the quantification<br />

is carried out, this is either incomplete, not including, in particular, all types of benefits or is insufficiently down<br />

by not taking into account the classifier of tax benefits or state standards and legal instruments that grant the benefits.<br />

REC. Assess the tax expenditure to fully <strong>de</strong>tailing the amounts recor<strong>de</strong>d in the report of the GSA, and working to improve<br />

the quality of forecasting methods.<br />

OBS. Accounting for revenue, amounting to 902, 2 million (in 2005 were 801, 6 million), without a corresponding cash register,<br />

in breach of the conditions laid down in paragraph 2 of Article 2. Of Decree Regional Legislative (RLD) No<br />

33/2004/A of 25 August.<br />

REC. Overhauling the current system of "treasuries", standardizing and providing the documentation nee<strong>de</strong>d to confirm the<br />

values recor<strong>de</strong>d in income (see paragraph 33/2004-A RLD, 25 August).<br />

OBS. Transfer in 2005, the AAR for SATA Air Azores part of the funds from the privatization of the Electricity of the Azores<br />

(EDA) (21, 5 million) for incorporation into the capital. Despite Security Council Resolution 121/2005 of 21 July of the


Governing Council, the company has not carried out in the years 2005 and 2006, no increase in capital, leaving as a<br />

result, the region with a net asset, one before future capital subscriptions, in that amount.<br />

REC. Affect the revenue of the share capital of Public Enterprises in particular in view of the CPR and the Framework Act of<br />

Privatization, the Government should provi<strong>de</strong> the adjustment of transfers to the SATA Air Azores.<br />

OBS. Lack of uniform criteria in reporting on the maps of the GSA concerning financial aid and compensation paid to individuals,<br />

which will come from the fact that the BFL not <strong>de</strong>fine the term "private", which has no direct correspon<strong>de</strong>nce<br />

in the current classifier economic costs.<br />

REC. In AR, clarify the content of the statements mentioned in paragraphs b) and c) of paragraph 2 of Article 76. Of BFL.<br />

OBS. Weather in the State Budget Act for 2007, the <strong>de</strong>duction of interest income resulting from the application of operations<br />

over the state treasury, expenditure on interest payments by the State, which came to pass, contrary to BFL,<br />

which does not provi<strong>de</strong> such an exception to the rule of no compensation.<br />

REC. In the AR, not to inclu<strong>de</strong> in future Acts OE rules to this type of compensation.<br />

OBS. Insufficient information available in the account of DAF to <strong>de</strong>termine the contribution of DAF in the establishment of<br />

SPA Deficit (General Government), according to ESA 95 (European System of National Accounts and Regional) for<br />

the purpose of compliance with Article 104. of the EU Treaty and the Community Regulations (EC) Nos 1466/97 and<br />

1467/97, both of 7 July 1997 relating to the SGP (Stability and Growth Pact).<br />

REC. Appear on behalf of CEOS information to <strong>de</strong>termine the contribution of DAF to calculate the <strong>de</strong>ficit of the SPA, according<br />

to ESA 95.<br />

OBS. Assumption of liabilities and regularization of responsibilities arising from past situations, involving the liquidation of<br />

452,1 million Euros, illegally, outsi<strong>de</strong> of OE, for specific operations of the Treasury. In 2007, there were also spent<br />

11.6 million Euros, the Portuguese Carbon Fund, mainly in financial assets, without having been recor<strong>de</strong>d in the GSA.<br />

These events call into question the reliability of the GSA, to prevent that this reflects, in full, public expenditure, given<br />

that, following successive recommendations of the Court, this illegal practice is corrected from the State Budget Act<br />

for 2008.<br />

ADMINISTRATIVE PUBLIC SECTOR<br />

CADIEP and RADIEP, community funds and economic functions (agriculture, environment,<br />

public Works and transports)<br />

OBS. Inclusion, the Office of Construction and Property, IP (INCI, IP), Account 2006, charges and payments pertaining<br />

to the budgetary management of the following year, which affected the balance of management at least 429.962<br />

million Euros, in violation of annuality principle enshrined in Article 4 of the BFL;<br />

REC. Respect the <strong>de</strong>adlines for making payments of expenditure un<strong>de</strong>r the budget implementation <strong>de</strong>crees, noting an<br />

annual principle enshrined in BFL;<br />

OBS. Non compliance, of the InCI, in the implementation of the State Treasury Regime (STR), approved by Decree-Law<br />

No. 191/99, of 5 June (Article 2, paragraph 2). The Institute moved and presented certificates of balances and<br />

reconciliations for 8 bank accounts, of which 6 in the Caixa Geral <strong>de</strong> Depósitos and the remain<strong>de</strong>r in IGCP, IP;<br />

REC. Fully comply with the STR, approved by Decree No. 191/99, of 5 June, and the INCI, IP un<strong>de</strong>rtake, in partnership<br />

with the IGCP, IP, for the accounts held at commercial banks are strictly necessary, respect, only to situations requiring<br />

that operation are not provi<strong>de</strong>d by this institute. These situations, waste should be properly justified<br />

General Functions of Sovereignty<br />

OBS. Significant reduction in the availability of funds for the completion of capital expenditure un<strong>de</strong>r the Act of Military<br />

Program (RMP) un<strong>de</strong>r the blocking of funds to cover charges for "preparation and Operations Forces Training (expenses),<br />

changing the structural program ing in reflection with the achievement of objectives;<br />

REC. The Government, review the way in supporting the current costs, eliminating the high cativações and transfers of<br />

funds allocated for the MPL, leading to reduced implementation of projects and an accumulation of high sales;<br />

OBS. Incurring <strong>de</strong>bts by NDPPS worth 31 and 36 million respectively in 2006 and 2007, resulting from recurrent shortages<br />

of funds and of the OE, <strong>de</strong>spite the repeated use of extra budgetary reinforcements, the NDPPS has able to<br />

sustain the payment of all claims;<br />

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<strong>Tribunal</strong> <strong>de</strong> <strong>Contas</strong><br />

REC. In the NDPPS, implement measures to enhance the reliability of the information produced and take the necessary<br />

measures to stabilize the <strong>de</strong>bt;<br />

OBS. Lack of assessment for the implementation of the National Strategy for Nature Conservation and Biodiversity<br />

(transversal nature) and its revision is unknown whether the gui<strong>de</strong>lines governing the financing of their activities by<br />

2010;<br />

REC. Making a strategic assessment of the NSNCB in or<strong>de</strong>r to evaluate if the un<strong>de</strong>rtaken activities contribution to the<br />

improvement of the nature and biodiversity conservation status in Portugal.<br />

Science, Innovation and Higher Education, Education, Culture and Sports<br />

OBS. Payments in the amount of 3 million, in advance, no legal provision empowering;<br />

REC. Rely on the figures for reimbursement and advances to suppliers only un<strong>de</strong>r the Act;<br />

OBS. I<strong>de</strong>ntification, in the procedure of granting by the SRE to the private institution of learning, of investment incentives,<br />

the weaknesses, which reflect the absence of documentary evi<strong>de</strong>nce of the analysis prior to the disbursement<br />

of funds, as well as the absence of essential elements to the investigation of their processes, not having been<br />

shown, in most cases, in assessing the amount of aid granted was behind the criteria set out in the Regulations<br />

apply, corresponding generally assigned values to the amounts requested by the recipient;<br />

REC. Intensify Efforts to address the implementation of an effective internal control, including the issue of standards and<br />

/ or internal gui<strong>de</strong>lines and regulatory procedures for granting, monitoring and supervision of financial support to<br />

private schools, and also by promoting a clear <strong>de</strong>finition and i<strong>de</strong>ntification of circuits, as well as the players and<br />

managers involved in this field;<br />

OBS. Illegal payment of about 1.3 million workers un<strong>de</strong>r the CIT, for their fixed-term contracts have been transformed<br />

into permanent contracts.<br />

Health<br />

OBS. Failure of the Setúbal Hospital Centre, EPE (SHC, EPE) of the principle of unity of the state treasury, approved by<br />

Decree No. 191/99 of 5 June;<br />

REC. Comply with the principle of unity of the state treasury, upon the transfer of cash and cash equivalents of SHC,<br />

EPE accounts for the IGCP, IP;<br />

OBS. Superiority of Passive SHC, EPE, mostly short term, in relation to their assets, resulting in financial losses (<strong>de</strong>ficit<br />

Treasury) financed largely by <strong>de</strong>bt provi<strong>de</strong>rs;<br />

REC. Taking initiatives leading to economic and financial balance;<br />

OBS. Presentation at Hospital Garcia da Orta, EPE (HGO, EPE), difficulties in meeting their commitments with suppliers,<br />

with average payment to suppliers more than one year;<br />

REC. Implement an action plan leading to a reduction in average payment;<br />

OBS. No disclosure of factoring companies in the financial statements of HGO, EPE;<br />

REC. Adopt measures to control <strong>de</strong>bts to suppliers to enable the accounting records properly updated the claims of factoring<br />

companies.<br />

Social Security, Labour/Employment and Professional Training<br />

Within the scope of the Opinion on the Social Security account (SS)<br />

OBS. As regards expenditure <strong>de</strong>signated "Management", lack of budgetary control in terms of number of required and<br />

commitment to the appropriations allocated in the maps legally provi<strong>de</strong>d for each system / subsystem. In practice,<br />

changes in the budget those costs, when spread on the maps that embody the legal OSS, are mere arithmetic exercises<br />

<strong>de</strong>signed to give legal cover to those appropriations and maps that often occur when the costs are now implemented<br />

to comply with the basic Act of social security.<br />

REC. Reconcile the legal provisions which establish the procedures for budgeting, financing and economic classification<br />

of revenue and expenditure;<br />

Within the scope of financial audits


OBS. No publication of the <strong>de</strong>cree of the Ministers of Finance and the area of employment setting the terms on which<br />

financing is assured of the Wage Guarantee Fund (WGF) by employers (part of the contribution rate) and the state;<br />

REC. The Secretaries of State and Finance and Labor and Social Security, provi<strong>de</strong> for regulating the financing by the<br />

state, the WGF in accordance with the stipulations of Article No. 321 of Act No. 35/2004 of 29 July;<br />

OBS. No relief to the accounts of WGF, the <strong>de</strong>ductions of contributions to the SS (single social rate - SSR) and the IRS<br />

the amounts paid to employees or taking them to the authorities (SSFMI and State), influencing the whole process<br />

<strong>de</strong>rives from the preparation of the initial budget of WGF to the presentation of the financial statements, which are<br />

un<strong>de</strong>rvalued both in terms of expenditure or the level of <strong>de</strong>bt to third;<br />

REC. The Ministry of Labor and Social Solidarity, <strong>de</strong>fine procedures to comply with the WGF established by legislation in<br />

force as to surren<strong>de</strong>r to authorities of the amount <strong>de</strong>ducted and withheld from the payments ma<strong>de</strong> to employees;<br />

Local Authorities<br />

OBS. Lack of monitoring and control of the use ma<strong>de</strong> of financial assistance;<br />

REC. Establish ways of monitoring and enforcement of financial support and enforcement of the rules on advertising of<br />

the same;<br />

OBS. Poor monitoring and supervision of the municipal un<strong>de</strong>rtakings by the municipal bodies.<br />

REC. Monitor and supervise effectively the activities of municipal enterprises, and it is appropriate that their accounts<br />

incorporate the process of accountability of the Municipalities;<br />

OBS. Improper accounting registration of subsidies for investment.<br />

REC. Recognizing the right perception of the funds associated with grants for investments on the level of implementation<br />

of expenditure that they Support the aim and not the date of conclusion of the relevant contracts;<br />

OBS. Failure to comply with Acts relating to registration and monitoring of commitments with a focus on future budgets;<br />

REC. Record the multi-year accounts in proper budgetary control;<br />

OBS. I<strong>de</strong>ntification of weaknesses in internal control system, particularly in the areas of processing revenue from the<br />

provision of water and the assets, not subject to ongoing monitoring and evaluation by the executive;<br />

REC. Adopt accounting procedures and control system provi<strong>de</strong>d in the internal control standard, the application should<br />

be monitored and continuously evaluated by the executive.<br />

STATE OWNED COMPANIES SECTOR<br />

SOCS and Staff and Operating expenditure of the Central Administration<br />

OBS. Deficits in the tariff of the Portugal Water (ADP), SGPS, SA, noting that most of the tariffs on some multi-municipal<br />

systems are offered significantly below cost, hence the urgency of restructuring the sector, which already, in fact,<br />

started with the second Strategic Plan for Water Supply and Wastewater (SPWSWT) II;<br />

REC. Implementation of measures for the restructuring of the AdP, SGPS, SA, giving it a solid economic and financial<br />

sustainability to enable it to implement successfully the task which the government attributed to him, in particular<br />

SPWSWT II;<br />

OBS. Reversing the economic and financial situation of the AdP, SGPS, SA, with its net profits by 2005, given the positive<br />

effect of Community funds received, but negative results in 2006 as a result of losses arising from the international<br />

business unit;<br />

REC. To promote greater efficiency and self-sustainability of economic and financial companies of the AdP, SGPS, SA,<br />

in general, and the companies that formed the area of service vehicles, in particular;<br />

OBS. Assumption, the 20 companies audited in the audit of the accounts receivable to an average payment of Public<br />

Enterprises, in 2007, the total <strong>de</strong>bts of 17.48 billion, accounting for 17 percent of total spending from the budget to<br />

that year. The average payment of these companies were found to be generally above the agreed <strong>de</strong>adlines with<br />

suppliers in different ways. As a result, paid interest in 2007, which totaled about 604.3 million;<br />

REC. audited entities re<strong>de</strong>fine and improve administrative procedures relating to payment to suppliers and the state,<br />

provi<strong>de</strong> more timely payment of <strong>de</strong>bts to public enterprises, including compensation.<br />

66


State Owned Municipal Companies Sector<br />

OBS. Deficiencies in the system of internal control;<br />

REC. Implementation of standards and internal control procedures;<br />

67<br />

<strong>Tribunal</strong> <strong>de</strong> <strong>Contas</strong><br />

OBS. Lack of proper ten<strong>de</strong>r procedure for the award of contracts, in breach of the provisions of DL 59/99, 2 / 03;<br />

REC. Compliance with legislation on the award of public works


SIGLA<br />

AAR Azores Autonomous Region<br />

ADIST Development Association of the Higher Technology Institute<br />

AdP, SGPS, Plc, Portugal Water, SGPS, Plc<br />

ADUL Lisboa University Association<br />

AG Attorney General<br />

AR Assembly of the Republic<br />

ATA Azores Tourism Association<br />

CADIEP Central Administration Development Investment and Expenses Program<br />

PCC Public Contracts Co<strong>de</strong><br />

SHC, EPE Setúbal Hospital Centre, EPE<br />

Municipality<br />

CMBS Checking Medicine Bill System<br />

CPC Corruption Prevention Council<br />

CPF Carbon Portuguese Fund<br />

CPSC Community of the Portuguese Speaking Countries<br />

CPR Constitution of the Portuguese Republic<br />

DGB Directorate-General for the Budget<br />

DGSS Directorate-General for the Social Security<br />

DGT Directorate-General for Treasury<br />

DL Decree-Law<br />

DGV Directorate-General of Veterinary<br />

DRA Directorate Regional for Agriculture<br />

DRELVT Directorate Regional for Education of Lisboa and Tagus Valley<br />

DRT Directorate Regional for Tourism<br />

SUTC Statute of the University Teaching Career<br />

EDA Azores Electricity<br />

ECA European Court of Auditors<br />

EM Municipal Companies<br />

NSNCB National Strategy for Nature Conservation and Biodiversity<br />

PH, EPE Portugal Highways, EPE<br />

ERSS Entities related with Social Security<br />

BFL Budgetary Framework Law<br />

ESNRA 95 European System of National and Regional Accounts<br />

EU European Union<br />

EURORAI European Organization of Regional Audit Institutions<br />

EUROSAI European Organization of Supreme Audit Institutions<br />

EVA External Verification of Accounts<br />

GSA General State Account<br />

HASSG Fernando Fonseca Hospital<br />

HGO, EPE Hospital Garcia da Orta, EPE<br />

HIMT, PI Harbour Institute for the Maritime Transports, PI<br />

HRA Health Regional Administration<br />

HRALVT Health Regional Administration of Lisboa and Tagus Valley<br />

IBAN International Board of Auditors for NATO<br />

IC Innovation and Knowledge Unity – Agency for Knowledge Society, PI<br />

ICS Internal Control System of the State Financial Administration<br />

IdQ I<strong>de</strong>ntification and Qualification System<br />

IFAC International Fe<strong>de</strong>ration of Accountants<br />

IGSJ Inspection-General for Justice<br />

IIPF International Institute of Public Finance<br />

InCI, PI Institute for Construction and Real Estate, PI<br />

INTOSAI International Organization of Supreme Audit Institutions<br />

ISS Inter-banking Services Society<br />

ISS, IP Institute for the Social Security, PI<br />

68


69<br />

<strong>Tribunal</strong> <strong>de</strong> <strong>Contas</strong><br />

IT Information Technologies<br />

IVA Internal Verification of accounts<br />

MAR Ma<strong>de</strong>ira Autonomous Region<br />

MJ Ministry for Justice<br />

MOPMAR Multi-fund Operational Programme for the Ma<strong>de</strong>ira Autonomous Region<br />

MPL Military Programme Law<br />

NAO National Audit Office<br />

NDPPS National Directorate for the Police and Public Security<br />

NCEL National Civil Engineering Laboratory<br />

NPA National Plan of Accounts<br />

NPALA National Plan of Accounts for Local Authorities<br />

NHS National Health Service<br />

OBS Observations<br />

OECD Organization for Economic Cooperation and Development<br />

OJEC Official Journal for the European Communities<br />

OLACEFS Latino-American and Caribbean Organization of Supreme Audit Institutions<br />

OPLCA Organization and Procedure Law for the Court of Auditors, Act no. 98/97, of 26 August<br />

PIDA, PI Portuguese Institute for Drugs and Addiction<br />

PP Public Prosecutor<br />

PPO Portugal Post-Office, Plc<br />

PSSEP Primary School integrated with secondary education of Povoação<br />

PNPA Plano Oficial <strong>de</strong> Contabilida<strong>de</strong> Pública<br />

RADIEP Regional Administration Development Investment and Expenses Program<br />

RAVE, Plc High Speed Rail Project, Plc<br />

RCA Regional Chamber of Azores (of the Court of Auditors)<br />

RCM Regional Chamber of Ma<strong>de</strong>ira<br />

REC Recommendations<br />

RLD Regional Legislative Decree<br />

SAIS Supreme Audit Institutions<br />

SB State Budget<br />

SGP Stability and Growth Pact<br />

SOCS State Owned Company Sector<br />

SPIRO Strategic Planning and International Relations Office<br />

SPWSWT Strategic Plan for Water Supply and WasteWater Treatment<br />

SS Social Security<br />

SSA Social Security Account<br />

SSFIS Social Security Financial Information System<br />

SSFMI Social Security Financial Management Institute<br />

SSR Single Social Rate<br />

STR State Treasury Regime<br />

UMa University of Ma<strong>de</strong>ira<br />

VNIPC Vendas Novas Industrial Park Company– Urbanization, Management and Training, Plc.<br />

WGF Wage Guarantee Fund<br />

Lisboa, 25 May 2009

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