TdC is recommending that the government investigate whether there was a “lack of credibility” in ANA’s privatization documents.

The Court of Auditors (TdC) has recommended that the government consider moving forward with procedures to understand whether there was a “lack of reliability” in the procedural documentation guiding the selection of da Vinci in the ANA privatization process.

In the audit report on the ANA privatization, which Lusa accessed today, TdC recommends that the government consider “taking the necessary steps to clarify the inconsistencies and inconsistencies identified during the audit of the Article 13 report.” the indictment book, namely, to determine whether the risk of unreliability of the procedural documentation determining the buyer’s choice has been realized.”

The audit report, prepared at the request of the Assembly of the Republic, was sent to the president of that body, Augusto Santos Silva, the Minister of Finance, Fernando Medina, the Undersecretary of State for Infrastructure, Frederico Francisco, and the Parpublique. , the National Civil Aviation Authority (ANAC) and ANA – Aeroportos de Portugal, with recipients now having a six-month period to inform the court of compliance with the recommendations contained in the document.

The sale of 100% of the capital of ANA Aeroportos à Vinci was concluded in 2013 by the PSD/CDS-PP government led by Pedro Passos Coelho, at a time when the country was the subject of a bailout program agreed between the troika and the government.

The TdC also recommended that the Government, through its members responsible for finance and infrastructure, ensure the necessary conditions for compliance with budgetary, tax and public-private requirements within the provision of public services by private entities. partnership (PPP) laws, as well as related mechanisms for sharing risks, responsibilities and economic and financial benefits.

The organization headed by José Tavares also recommended that the legal basis of the concession granted to ANA be adapted to the current legislation and that “the important shortcoming of the exclusion of revenue from airport taxes (public revenue of a mandatory nature) be corrected, despite the fact that the General tax law and budgetary principles, as well as other gross revenues from an airport public service concession and the subsequent allocation, in accordance with the contractual terms, of the product of that gross revenue to the concessionaire (which shall be accounted for as government expenditure).”

The TdC recommended appointing public entities to administer the fees and entrusting the management of public service concession contracts at airports to an organization qualified for this purpose, “which does not apply to ANAC, since these functions of the management organization are inconsistent with its functions.” as a regulatory body.”

In the context of the sale of public assets, the court also suggests that the government “provide timely estimates of the costs and benefits that support and justify decisions to sell (in whole or in part) public companies,” which ensures that the Processes begin after the necessary conditions for its “regularity, transparency, stability, fairness and maximization of financial return” and timely submission of information on the assessment of targets identified for the sale of public companies.

Finally, the court recommends that the government identify and address “significant risks of conflict of interest situations in public company sales processes,” such as preventing the transfer of management of divested companies or other parties involved in selecting a buyer. , to private companies as a result of these sales.