PORTUGAL:
MEMORANDUM OF UNDERSTANDING ON
SPECIFIC ECONOMIC POLICY CONDITIONALITY
3 May 2011, 13:40
[With regard to Council Regulation (EU) n° 407/2010 of 11 May 2010 establishing aEuropean Financial Stabilisation Mechanism, and in particular Article 3(5) thereof, thisMemorandum of Understanding details the general economic policy conditions as embedded in Council Implementing Decision […] of […] on granting Union financial assistance toPortugal. The quarterly disbursement of financial assistance from the European FinancialStabilisation Mechanism (EFSM) 1 will be subject to quarterly reviews of conditionality forthe duration of the programme. The first review will be carried out in the third quarter of
2011, and the 12-th and last review in the second quarter of 2014. Release of the instalments will be based on observance of quantitative performance criteria, respect for EU Council
Decisions and Recommendations in the context of the excessive deficit procedure, and a positive evaluation of progress made with respect to policy criteria in the Memorandum of Economic and Financial Policies (MEFP) and in this Memorandum of Understanding on specific economic policy conditionality (MoU), which specifies the detailed criteria that will be assessed for the successive reviews up to the end of the programme. The review taking place in any given quarter will assess compliance with the conditions to be met by the end of the previous quarter.
If targets are missed or expected to be missed, additional action will be taken. The authorities commit to consult with the European Commission, the ECB and the IMF on the adoption of policies that are not consistent with this Memorandum. They will also provide the European Commission, the ECB and the IMF with all information requested that is available to monitor progress during programme implementation and to track the economic and financial situation. Prior to the release of the instalments, the authorities shall provide a compliance report on the fulfilment of the conditionality.]
1 On 8 April 2011, Eurogroup and ECOFIN Ministers issued a statement clarifying that EU (European Financial Stabilisation Mechanism) and euro-area (European Financial Stability Facility) financial support would be provided on the basis of a policy programme supported by strict conditionality and negotiated with the Portuguese authorities, duly involving the main political parties, by the Commission in liaison with the ECB, and the IMF.
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1. Fiscal policy
Objectives:
Reduce the Government deficit to below EUR 10,068 million (equivalent to 5.9% of GDP based on current projections) in 2011, EUR 7,645 million (4.5% of GDP) in 2012 and EUR 5,224 million (3.0% of GDP) in 2013 by means of high-quality permanent measures and minimising the impact of consolidation on vulnerable groups; bring the government debt-to- GDP ratio on a downward path as of 2013; maintain fiscal consolidation over the medium term up to a balanced budgetary position, notably by containing expenditure growth; support competitiveness by means of a budget-neutral adjustment of the tax structure.
Fiscal policy in 2011
1.1. The Government achieves a general government deficit of no more than EUR 10,068 millions in 2011. [Q4-2011]
1.2. Over the remainder of the year, the government will rigorously implement the Budget Law for 2011 and the additional fiscal consolidation measures introduced before May 2011. Progress will be assessed against the (cumulative) quarterly deficit ceilings in the Memorandum of Economic and Financial Policies (MEFP), including the Technical Memorandum of Understanding (TMU). [Q3 and Q4-2011]
Fiscal policy in 2012
1.3.On the basis of a proposal developed by the time of the first review, the 2012 Budget will include a budget neutral recalibration of the tax system with a view to lower labour costs and boost competitiveness [ October 2011].
1.4.The government will achieve a general government deficit of no more than EUR 7,645 millions in 2012. [Q4-2012]
1.5. Throughout the year, the government will rigorously implement the Budget Law for 2012. Progress will be assessed against the (cumulative) quarterly deficit ceilings in the
Memorandum of Economic and Financial Policies (MEFP), including the Technical Memorandum of Understanding (TMU). [Q1, Q2, Q3 and Q4-2012]
1.6. The following measures will be carried out with the 2012 Budget Law [Q4-2011], unless otherwise specified:
Expenditure
1.7.Improve the working of the central administration by eliminating redundancies, increasing efficiency, reducing and eliminating services that do not represent a cost-effective use of public money. This should yield annual savings worth at least EUR 500 million. Detailed plans will be presented by the Portuguese authorities and will be assessed by Q1-2012; the budgetary impacts will spread to 2014. To this end, the government will:
i. reduce the number of services while maintaining quality of provision;
ii. create a single tax office and promoting services' sharing between different
parts of the general government;
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iii. reorganise local governments and the provision of central administrationservices at local level;
iv. regularly assess the value for money of the various public services that are part
of the government sector as defined for national accounts purposes;
v. promote mobility of staff in central, regional and local administrations;
vi. reduce transfers from the State to public bodies and other entities;
vii. revise compensation schemes and fringe benefits in public bodies and entities
that independently set their own remuneration schemes;
viii. reduce subsidies to private producers of goods and services.
1.8.Reduce costs in the area of education, with the aim of saving EUR 195 million by
rationalising the school network by creating school clusters; lowering staff needs, centralising
procurement; and reducing and rationalising transfers to private schools in association
agreements.
1.9. Ensure that the aggregate public sector wage bill as a share of GDP decreases in 2012 and
2013 [ Q2-2012 for assessment; Q2-2013 to complete process].
· Limit staff admissions in public administration to achieve annual decreases in 2012-2014 of 1% per year in the staff of central administration and 2% in local and regional administration. [Q3-2011]
· Freeze wages in the government sector in nominal terms in 2012 and 2013 and constrain promotions.
· Reduce the overall budgetary cost of health benefits schemes for government employees schemes (ADSE, ADM and SAD) lowering the employer’s contribution and adjusting the scope of health benefits, with savings of EUR 100 million in 2012.
1.10. Control costs in health sector on the basis of detailed measures listed below under
'Health-care system', achieving savings worth EUR 550 million;
1.11. Reduce pensions above EUR 1,500 according to the progressive rates applied to the wages of the public sector as of January 2011, with the aim of yielding savings of at least
EUR 445 million ;
1.12. Suspend application of pension indexation rules and freeze pensions, except for the lowest pensions, in 2012;
1.13. Reform unemployment insurance on the basis of detailed measures listed below under
'Labour market and education', yielding medium-term savings of around EUR 150 million;
1.14. Reduce transfers to local and regional authorities by at least EUR 175 million with a
view to having this subsector contributing to fiscal consolidation;
1.15. Reduce costs in other public bodies and entities by at least EUR 110 million;
1.16. Reduce costs in State-owned enterprises (SOEs) with the aim of saving at least EUR
515 million by means of :
i. sustaining an average permanent reduction in operating costs by at least 15%;
ii. tightening compensation schemes and fringe benefits;
iii. rationalisation of investment plans for the medium term;
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iv. increase their revenues from market activities.
1.17. Permanently reduce capital expenditure by EUR 500 millions by prioritising investment
projects and making more intensive use of funding opportunities provided by EU structural
funds.
Revenue
1.18. Introduction of a standstill rule to all tax expenditure, blocking the creation of new
items of tax expenditure and the enlargement of existing items. The rule will apply to all
kinds of tax expenditure, of a temporary or permanent nature, at the central, regional or local
level.
1.19. Reduction of corporate tax deductions and special regimes, with a yield of at least EUR
150 million in 2012. Measures include:
i. abolishing all reduced corporate income tax rates;
ii. limiting the deductions of losses in previous years according to taxable matter and
reducing the carry-forward period to 3-year;
iii. reducing tax allowances and revoking subjective tax exemptions;
iv. curbing tax benefits, namely those subject to the sunset clause of the Tax Benefit
Code, and strengthening company car taxation rules;
v. proposing amendments to the regional finance law to limit the reduction of
corporate income tax in autonomous regions to a maximum of 20% vis-à-vis the
rates applicable in the mainland.
1.20. Reduction of personal income tax benefits and deductions, with a yield of at least EUR
150 million in 2012. Measures include:
i. capping the maximum deductible tax allowances according to tax bracket with
lower caps applied to higher incomes and a zero cap for the highest income
brackets;
ii. applying separate caps on individual categories by (a) introducing a cap on health
expenses; (b) eliminating the deductibility of mortgage principal and phasing out
the deductibility of rents and of mortgage interest payments for owner-occupied
housing; eliminate interest income deductibility for new mortgages (c) reducing
the items eligible for tax deductions and revising the taxation of income in kind;
iii. proposing amendments to the regional finance law to limit the reduction of
personal income tax in autonomous regions to a maximum of 20% vis-à-vis the
rates applicable in the mainland.
1.21. Apply personal income taxes to all types of cash social transfers and ensure convergence
of personal income tax deductions applied to pensions and labour income with the aim of
raising at least EUR 150 million in 2012.
1.22. Changes in property taxation to raise revenue by at least EUR 250 million by reducing
substantially the temporary exemptions for owner-occupied dwellings. Transfers from the
central to local governments will be reviewed to ensure that the additional revenues are fully
used for fiscal consolidation .
1.23. Raise VAT revenues to achieve a yield of at least EUR 410 million for a full year by :
i. reducing VAT exemptions;
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ii. moving categories of goods and services from the reduced and intermediate
VAT tax rates to higher ones;
iii. proposing amendments to the regional finance law to limit the reduction of
VAT in the autonomous regions to a maximum of 20% vis-à-vis the rates
applicable in the mainland.
1.24. Increase excise taxes to raise at least EUR 250 million in 2012. In particular by:
i. raising car sales tax and cutting car tax exemptions;
ii. raising taxes on tobacco products;
iii. indexing excise taxes to core inflation;
iv. introducing electricity excise taxes in compliance with EU Directive 2003/96.
1.25. Increase efforts to fight tax evasion, fraud and informality to raise revenue by at least
EUR 175 million in 2012.
Fiscal policy in 2013
1.26. The government achieves a general government deficit of no more than EUR 5,224
million in 2013. ). [Q4-2013]
1.27. Throughout the year, the government will rigorously implement the Budget Law for
2013. Progress will be assessed against the (cumulative) quarterly deficit ceilings in the
Memorandum of Economic and Financial Policies (MEFP), including the Technical
Memorandum of Understanding (TMU). [Q1, Q2, Q3 and Q4-2013]
1.28. The following measures will be carried out with the 2013 Budget Law [Q4-2012],
unless otherwise specified:
Expenditure
1.29. Further deepening of the measures introduced in the 2012 Budget Law with a view of
reducing expenditure in the area of:
i. central administration functioning: EUR 500 million. Detailed plans will be
presented and assessed before Q3-2012;
ii. education and school network rationalization: EUR 175 million;
iii. wage bill: annual decreases of 1% per year in headcounts of central
administration and 2% in local and regional administrations;
iv. health benefits schemes for government employees schemes: EUR 100 million.
v. health sector: EUR 375 million;
vi. transfers to local and regional authorities: EUR 175 million;
vii. reduce further costs in other public bodies and entities, and in SOEs: EUR 175
million;
viii. capital expenditure: EUR 350 million;
ix. maintain the suspension of pension indexation rules except for the lowest
pensions in 2013.
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1.30. In addition, the government will extend the use of means testing and better target social
support achieving a reduction in social benefits expenditure of at least EUR 350 million .
Revenue
1.31. Further deepening of the measures introduced in 2012 Budget Law, leading to extra
revenue in the following areas:
i. corporate tax bases and reduce tax benefits and tax deductions: EUR 150
million;
ii. personal income tax benefits and tax deductions: EUR 175 million;
iii. taxation of all types of cash social transfers and convergence of personal
income tax deductions for pensions and labour income: EUR 150 million;
iv. excise taxes: EUR 150 million.
1.32. Update the notional property value of real estate for tax purposes to raise revenue by at
least EUR 150 million in 2013. Transfers from the central to local governments will be
reviewed to ensure that the additional revenues are fully used for fiscal consolidation .
Fiscal policy in 2014
1.33. The government will aim at achieving a general government deficit of no more than
EUR 4,521 millions in 2014. The necessary measures will be defined in the 2014 Budget
Law. [Q4-2013]
1.34. Throughout the year, the Government will rigorously implement the Budget Law for
2014. Progress will be assessed against the (cumulative) quarterly deficit ceilings in the
Memorandum of Economic and Financial Policies (MEFP), including the Technical
Memorandum of Understanding (TMU). [Q1, Q2, Q3 and Q4-2013]
1.35. With the 2014 Budget Law, the Government will further deepen the measures
introduced in the 2012 and 2013 with a view in particular to broadening tax bases and
moderating primary expenditure to achieve a declining ratio of government expenditure over
GDP.
2. Financial sector regulation and supervision
Objectives
Preserve financial sector stability; maintain liquidity and support a balanced and orderly
deleveraging in the banking sector; strengthen banking regulation and supervision; bring to
closure the Banco Português de Negócios case and streamline state-owned Caixa Geral de
Depósitos; strengthen the bank resolution framework and reinforce the Deposit Guarantee
Fund; reinforce the corporate and household insolvency frameworks.
Maintaining liquidity in the banking sector
2.1. Subject to approval under EU competition rules, the authorities are committed to
facilitate the issuance of government guaranteed bank bonds for an amount of up to EUR 35
billion, including the existing package of support measures.
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Deleveraging in the banking sector
2.2. Banco de Portugal (BdP) and the ECB, in consultation with the European Commission
(EC) and the IMF, will include clear periodic target leverage ratios and will ask banks to
devise by end-June 2011 institution-specific medium-term funding plans to achieve a stable
market-based funding position. Quarterly reviews will be conducted in consultation with the
EC and the IMF, and will examine the feasibility of individual banks’ plans and their
implications for leverage ratios, as well as the impact on credit aggregates and the economy as
a whole, and the BdP will then request adjustments in the plans as needed.
Capital buffers
2.3. BdP will direct all banking groups supervised by BdP to reach a core Tier 1 capital ratio
of 9 percent by end-2011 and 10 percent at the latest by end-2012 and maintain it thereafter.
If needed, using its Pillar 2 powers, the BdP will also require some banks, based on their
specific risk profile, to reach these higher capital levels on an accelerated schedule, taking
into account the indications of the solvency assessment framework described below. Banks
will be required to present plans to BdP by end of June 2011 on how they intend to reach the
new capital requirements through market solutions.
2.4. In the event that banks cannot reach the targets on time, ensuring higher capital
standards might temporarily require public provision of equity for the private banks. To that
effect, the authorities will augment the bank solvency support facility, in line with EU state
aid rules, with resources of up to EUR 12 billion provided under the programme, that takes
into account the importance of the new capital requirements and which will be designed in a
way that preserves the control of the management of the banks by their non-state owners
during an initial phase and allow them the option of buying back the government’s stake. The
banks benefitting from equity injections will be subjected to specific management rules and
restrictions, and to a restructuring process in line with EU competition and state aid
requirements, that will provide the incentive to give priority to market-based solutions.
Caixa Geral de Depósitos (CGD)
2.5. The state-owned CGD group will be streamlined to increase the capital base of its core
banking arm as needed. The CGD bank is expected to raise its capital to the new required
level from internal group resources, and improve the group's governance. This will include a
more ambitious schedule toward the already announced sale of the insurance arm of the
group, a program for the gradual disposal of all non-core subsidiaries, and, if needed a
reduction of activities abroad.
Monitoring of bank solvency and liquidity
2.6. The BdP is stepping up its solvency and deleveraging assessment framework for the
system as a whole and for each of the eight largest banks, and will seek an evaluation of the
enhanced assessment framework by end-September 2011 by a joint team of experts from the
EC, the ECB and the IMF.
2.7. By end-June 2011, the BdP will also design a program of special on-site inspections to
validate the data on assets that banks provide as inputs to the solvency assessment, This
program will be part of a capacity building technical cooperation project put in place with the
support of the EC, the ECB, and the IMF that will bring together Portuguese supervisors,
cooperating central banks and/or supervisory agencies, external auditors and other experts as
needed.
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2.8. The BdP will provide quarterly updates of banks’ potential capital needs going forward
and check that their deleveraging process remains on track and properly balanced. Whenever
the assessment framework will indicate that a bank’s core Tier 1 ratio might fall under 6
percent under a stress scenario over the course of the program, the BdP, using its Pillar 2
powers, will ask it to take measures to strengthen its capital base.
Banking regulation and supervision
2.9. BdP will ensure by the end of September 2011 that the disclosure of non-performing
loans will be improved by adding a new ratio aligned with international practices to the
current ratio that covers only overdue loan payments. BdP will intensify on-site inspections
and verification of data accuracy with technical assistance from the IMF, in the context of the
data verification exercise for the new solvency assessment framework. BdP will allocate new
resources to the recruitment of additional specialist banking supervisors. Close coordination
will be maintained between home and host country supervisors within the EU framework for
cross-border banking supervision.
Banco Português de Negócios
2.10. The authorities are launching a process to sell Banco Português de Negócios (BPN) on
an accelerated schedule and without a minimum price. To this end, a new plan is submitted to
the EC for approval under competition rules. The target is to find a buyer by the end of July
2011 at the latest.
2.11. To facilitate the sale, the 3 existing special purpose vehicles holding its non-performing
and non-core assets have been separated from BPN, and more assets could be transferred into
these vehicles as part of the negotiations with prospective buyers. BPN is also launching
another program of more ambitious cost cutting measures with a view to increase its
attractiveness to investors
2.12. Once a solution has been found, CGD’s state guaranteed claims on BPN and all related
special purpose vehicles will be taken over by the state according to a timetable to be defined
at that time.
Bank resolution framework
2.13. The authorities will amend legislation concerning credit institutions in consultation with
the EC, the ECB and the IMF by end-November 2011 to, inter alia, impose early reporting
obligations based on clear triggers and penalties. BdP will be authorised to take remedial
measures to promote implementation of a recovery plan. Credit institutions with systemic
risks will be required to prepare contingency resolution plans) subject to regular review.
2.14. The amendments will introduce a regime for the resolution of distressed credit
institutions as a going concern under official control to promote financial stability and protect
depositors. The regime will set out clear triggers for its initiation, and restructuring tools for
the resolution authorities shall include recapitalization without shareholder pre-emptive rights,
transfer of assets and liabilities to other credit institutions and a bridge bank.
The Deposit Guarantee Fund
2.15. The authorities will strengthen the legislation on the Deposit Guarantee Fund (FGD)
and on the Guarantee Fund for Mutual Agricultural Credit Institutions (FGCAM), in
consultation with EC, the ECB and the IMF, by end-2011. These funds' functions will be re9
examined to strengthen protection of guaranteed depositors. These funds should however
retain the ability to fund the resolution of distressed credit institutions and in particular the
transfer of guaranteed deposits to another credit institution but not to recapitalise them. Such
financial assistance shall be capped at the amount of guaranteed deposits that would have to
be paid out in liquidation. This should be permissible only if it does not prejudice their ability
to perform their primary function.
2.16. The Insolvency Law will be amended by the end of November 2011 to provide that
guaranteed depositors and/or the funds (either directly or through subrogation) will be granted
a higher priority ranking over unsecured creditors in the insolvent state of a credit institution.
Corporate and household debt restructuring framework
2.17. To better facilitate effective rescue of viable firms, the Insolvency Law will be amended
by end November 2011 with technical assistance from the IMF, to, inter alia, introduce fast
track court approval procedures for restructuring plans.
2.18. General principles on voluntary out of court restructuring in line with international best
practices will be issued by end-September 2011.
2.19. The authorities will also take the necessary actions to authorise the tax and social
security administrations to use a wider range of restructuring tools based on clearly defined
criteria in cases where other creditors also agree to restructure their claims, and review the tax
law with a view to removing impediments to voluntary debt restructuring.
2.20. The personal insolvency procedures will be amended to better support rehabilitation of
financially responsible individuals, which will balance the interests of creditors and debtors.
2.21. The authorities will launch a campaign to raise public and stakeholder awareness of the
restructuring tools available for early rescue of viable firms through, e.g., training and new
information means.
Monitoring of corporate and household indebtedness
2.22. The authorities will prepare quarterly reports on corporate and household sectors
including an assessment of their funding pressures and debt refinancing activities. The
authorities will assess guarantee programmes currently in place and evaluate market-based
financing alternatives. A task force will be constituted to prepare contingency plans to
efficiently deal with the challenges posed by high corporate and household sectors
indebtedness. These enhanced monitoring actions will put be in place by end-September
2011 in consultation with the EC, the IMF and the ECB.
3. Fiscal-structural measures
Objectives
Improve the efficiency of the public administration by eliminating redundancies, simplifying
procedures and reorganising services; regulate the creation and functioning of all public
entities (e.g. enterprises, foundations, associations); streamline the budgetary process through
the newly approved legal framework, including by adapting accordingly the local and
regional financial legal frameworks; strengthen risk management, accountability, reporting
and monitoring. |