Communiqué from the Council of the Government - Communication

The Council of the Government, which met on  September 5, 2024, in Vila do Porto, adopted the following measures:

1. Approve the Regional Implementing Decree aimed at regulating the management and operation of the Fund for the Development of Azorean Parishes. 

The Regional Legislative Decree no. 6/2024/A of August 8 established the new legal framework for technical and financial cooperation between the autonomous regional administration, parishes and parish associations in the Autonomous Region of the Azores. 

The new system aims to promote decentralisation, through cooperation between the regional administration and the Azorean parishes in a greater number of areas within their competence and the sharing of financial investment resources available in the regional budget, so as to provide better and faster responses to the needs of the population. 

The accomplishment of these goals must necessarily be based on objective and equitable, transparent and verifiable criteria, with predictability and stability in the financial relations between the regional and local administrations, but also in the corresponding interdepartmental coordination and cooperation, particularly with the government department responsible for cooperation with local authorities.

As such, the said law created a Fund for the Development of Azorean Parishes, which is now regulated by a Regional Implementing Decree that lays down the obligations of the Fund's managing body and the obligations of the promoting organisations in the context of the application procedure, approval and implementation of technical and financial cooperation.

2. Stipulate the amounts of the Fund for the Development of Azorean Parishes allocated to each of the technical and financial cooperation arrangements for 2024.

In the case of cooperation agreements for investment or other public expenditure within the scope of the parishes' powers, the amount is set at €850,000.00. In the case of cooperation agreements to carry out investments or other public expenditure within the remit of the autonomous regional administration, the amount is set at €1,000,000.00. Furthermore, €150,000.00 will be allocated for coordination agreements to carry out investments or other public expenditure that jointly fall within the remit of the autonomous regional administration and parishes.

3. Approve the Resolution authorising the signing of a contract-programme between the Autonomous Region of the Azores and the University of the Azores, in the amount of €950,000.00, to cover the costs of its tripartite structure, operation and development in 2024.

This Resolution aims to increase the investment and strategic development of activities that fall within its remit, namely teaching, research and scientific dissemination.

4. Approve the Resolution authorising the expenditure and the decision to procure the purchase of Microsoft licenses for the Regional Government of the Azores, by means of a public tender with advertising in the Official Journal of the European Union, with a base price of €9,000,000.00, plus VAT at the legal rate in force, and with a completion period until September 30, 2027.

There is a need to purchase licences to ensure software compliance with the computer infrastructure installed in the Government of the Azores, as well as a wide range of new licensing needs, specifically for the equipment, servers and solutions implemented in the Azores Cloud datacentres and the productivity solutions provided to users in terms of cybersecurity and computer security. In addition, there are the requirements for maintaining, evolving and consolidating the technological platform currently in operation in the Regional Public Administration, which would be difficult to ensure if there were no conditions for access to specialised services from Microsoft.

5. Approve the Resolution authorising the permanent and free transfer of two land plots in Levadas, parish and municipality of Velas, to the São Jorge Farmers' Association.

This transfer is intended for the construction of the headquarters of the São Jorge Farmers' Association and other facilities for the agricultural sector on the island.

6. Approve the Resolution authorising the estimated expenditure of €1,500,000.00 by the Regional Secretariat for Finance, Planning and Public Administration for the signing of a contract regarding the acquisition of services to implement a new technological solution for an Integrated Information Management System for the Regional Government of the Azores, by means of a preliminary consultation pre-contract procedure.

The opening of this procedure follows the failure to award the contract and, consequently, the repeal of the procurement decision for the signing of a contract for the provision of services for the development of a technological solution to support the implementation of the Integrated Information Management System of the Regional Government of the Azores. This corresponds to intensive technical work to review the procedural parts of this technological solution to better integrate it into the digital ecosystem under development in the Regional Public Administration.

7. Approve the Resolution authorising the signing of a contract-programme between the Autonomous Region of the Azores and the company Ilhas de Valor, S.A., for 2024, amounting to €3,090,000.00.

This contract-programme intends to implement the investment and activity plan of the said company, with particular relevance to regional cohesion, of which €2,075,001.00 has been allocated as an initial payment to cover overdue expenses related to treasury needs, as part of the projects and actions included in the respective plan.

8. Approve the Resolution rejecting the recognition, as a Project of Regional Interest, of the project "Rook - Call Centre, IT and Data Processing," promoted by the company Rook Technology, Lda.

This project, which consisted of setting up a company providing call centre, programming, management and data processing services, envisaged an overall investment of €1,015,237.10 and the creation of 98 jobs.

However, by the time the project was closed, only €580,875.08 had been invested and only 35 jobs had been created.

9. Approve the Resolution authorising the transfer, permanently and free of charge, of the urban property located at Rua Capitão-Mor Garcia Gonçalves Madruga, no. 15, parish and municipality of Lajes do Pico, to the Municipality of Lajes do Pico.

This transfer aims to promote the duties and competences legally assigned to the Municipality of Lajes do Pico, namely the development of activities and projects linked to economic development, research and innovation, among others.

10. Approve the Resolution setting the budget limit at €200,000.00 for financial support to be granted in 2024 by the Regional Secretariat for Parliamentary Affairs and Communities to public and private organisations, individuals and legal persons, non-profit organisations, associations and foundations to support activities, events, actions and projects focused on aerospace covering economic, innovative, scientific, cultural or educational aspects.

11. Approve the Resolution extending, until the end of the 2023/2024 school year, the Government Council Resolution no. 142-B/2023 of September 15, as well as the subsequent Order of the Regional Secretary for Education and Cultural Affairs no. 81/2023 of September 19.

Having validated the situation regarding the 2023/2024 school year and considering the late approval of the 2024 budget, new extraordinary support has been created, with effect from the beginning of the 2024/2025 school year. It aims to support the learning and life processes of the educational community, to help students for whom additional measures are required to support learning and inclusion, and who require particular attention from teachers.

12. Approve the Resolution granting support to private and cooperative educational establishments providing middle school, junior high school and secondary education for the purchase of digital textbooks.

The amount set as the overall budget limit for the financial support to be granted is €350,000.00, with co-funding from the Recovery and Resilience Plan.

13. Approve the Proposal for Regional Legislative Decree adapting to the Autonomous Region of the Azores the system for the assessment of disability of people with disabilities, as set out in Decree-Law no. 202/96 of October 23 in its current wording.

The recent legislative changes at a national level, namely Decree-Law no. 1/2022 of January 3 and Decree-Law no. 15/2024 of January 17, especially regarding the appointment of medical boards and the procedure to be adopted to carry out the said medical assessments require the application and adaptation of the aforementioned changes within the regulatory framework of the Autonomous Region of the Azores.

14. Approve the Resolution authorising the expenditure and procurement of supervision services regarding the works contract for the Design and Construction of a Modular Support Building for the Divino Espírito Santo Hospital (HDES) in Ponta Delgada, and the procurement of project revision services concerning the works contract for the Design and Construction of a Modular Support Building for HDES, both through a direct award procedure, with a base price of €30,000.00 and €35,000.00, respectively, plus VAT at the legal rate in force, with a completion period of 120 days.

As part of the deferred reaction measures to provide an immediate response to the malfunctions caused by the fire at HDES and the Regional Health Service, a direct award procedure was adopted for the construction of a modular structure with a configuration that allows it to respond to urgent/emergency situations (Modular Hospital). In this context, the works contract for the Design and Construction of a Modular Support Building for HDES has been awarded.

It is now necessary to authorise the expenditure and procurement of supervision and project revision services regarding the works contract for the Design and Construction of a Modular Support Building for HDES, in compliance with the provisions of Article 305 and Article 43(2), both of the Public Procurement Code. This measure represents an overall investment of €65,000.00.

15. Approve the Resolution amending the identification of the land registration number and owners of Parcel 140 A on the map attached to Government Council Resolution no. 201/2023 of December 5, which declared the public utility, as a matter of urgency, and the administrative ownership of the land plots and rights inherent thereto necessary for the construction of the "Capelas Bypass on the island of São Miguel."

Parcel no. 140 A was incorrectly identified in the annex to Resolution no. 210/2023 of September 5 as regards its registration number and owners, and it is necessary to correctly identify them on the map by amending them.

16. Approve the Resolution determining that, as of February 1, 2025, the maximum retail price for fuel oil for electricity production is the market price resulting from the public tender carried out by EDA - Eletricidade dos Açores, S.A. As such, the Regional Secretary for Finance, Planning and Public Administration and the Regional Secretary for Tourism, Mobility and Infrastructures shall be responsible for setting up a working group to carry out the necessary standardisation between the formulas for calculating the maximum price of the public procurement procedure under consideration and the legal scheme regulating maximum selling prices to the public, as well as any other changes deemed necessary to review the formulas for calculating the maximum prices of fuels.

17. Approve the proposal for Regional Legislative Decree introducing the first amendment to the Regional Legislative Decree no. 6/2015/A of March 5, which approves the legal framework for fire safety in buildings in the Autonomous Region of the Azores.

It arises from the need to bring the legal framework for fire safety in buildings in the Autonomous Region of the Azores into line with the legal framework for fire safety approved by Decree-Law no. 220/2008 of November 12, in its current wording, thus standardising the concepts and criteria for applying fire safety requirements in buildings in Portugal and making the necessary amendments in line with the applicable legal framework.

18. Approve the Resolution establishing financial support for damages arising from extreme weather events that occurred in the parishes of Almagreira, Santa Bárbara, Santo Espírito, São Pedro and Vila do Porto, all in the municipality of Vila do Porto, Santa Maria Island, between October 1 and 17, 2023, amounting to €32,814.07.

This support is granted under the legal and Financial support scheme for climate emergencies.

19. Approve the Resolution appointing Sandra Paula de Aguiar e Câmara as President of the Board of Directors of ERSARA - Entity for the Regulation of Water and Waste Services of the Azores and Ricardo Manuel Barroso Rodrigues and Nuno Alberto Rosas Pereira as members of the same.

Under Order no. 1402/2024, of July 15, published in the Official Journal, Series II, no. 134, of July 15, 2024, Sónia da Conceição Pereira Andrade da Silva Santos was appointed to the position of Director of the Environmental Planning and Promotion Office, a 2nd level senior management position provided for in Article 7(2) of Annex I to Regional Implementing Decree no. 17/2021/A of July 8 in its current wording. As such, she resigned from her position as President of the Board of Directors of ERSARA in due course.

In this context, it is necessary to ensure that the Board of Directors of ERSARA has full administrative powers to pursue the essential activity of that regulatory body and, therefore, proceed with the appointment of the new Board of Directors.

20. Approve the Resolution determining that the procedure for revising and amending the Sectoral Plan for the Natura 2000 Network of the Autonomous Region of the Azores be initiated.

The revision of the Plan must be completed within a maximum of two years from the date of entry into force of the resolution. This work falls within the remit of the Regional Secretariat for the Environment and Climate Action and the Regional Secretariat for the Sea and Fisheries and will be monitored by the Regional Council for the Environment and Sustainable Development and an advisory committee set up for this purpose. It is made up of the following members:

a) A representative of the Regional Directorate for the Environment and Climate Action, who will chair it;

b) A representative of the Regional Directorate for Maritime Policies, who will act as secretary;

c) A representative of the Regional Directorate for Forest Resources and Spatial Planning;

d) A representative of the Regional Directorate for Rural Development;

e) A representative of the Regional Directorate for Fisheries;

f) A representative of the Regional Directorate for Tourism;

g) A representative of the Regional Directorate for Public Works;

h) A representative of the Association of Municipalities of the Autonomous Region of the Azores;

i) A representative of non-governmental environmental organisations, to be appointed by the regional organisations, which shall elect their representative from among them;

j) A representative of the University of the Azores;

k) A representative of the Chamber of Commerce and Industry of the Azores;

l) A representative of the Azores Agricultural Federation;

m) A representative of the Azores Fisheries Federation;

n) A representative of maritime tourism operators;

o) A representative of recreational fishers.

p) A representative of the Institute for Nature Conservation and Biodiversity (ICNF);

q) Personalities or individuals with knowledge of the matter in question, invited as observers.