The official Portuguese Government statement about the rescission of the contract
“2002-08-14
1. The Portuguese State celebrated, in 22 of October of 1999, a contract, with the Eurocopter, referring to the acquisition of nine fast helicopters, 635 EC T1, for the Army.
2. In the terms of the contract, it was obligation of the Eurocopter to deliver the first helicopter until August of 2001 and I finish it in April of 2002. The Eurocopter did not fulfill. None of the helicopters was delivers.
3. In the use of its legal facultieses, the Portuguese State set in motion the penalties, until the o has limited of foreseen 5% in the contract. The limit of the penalties was reached in 21 of June of 2002. Nor thus the Eurocopter if felt debtor to fulfill.
4. The contract foresaw, natural logicamente and, the acquisition of military helicopters, that is, endowed with the pertinent military certifications, including the certification of the aviónicos and the armament. Also here, the Eurocopter did not fulfill. It did not endeavour, as it was its incumbency, the timely attainment of the certifications; it did not guarantee, in the foreseen stated periods, the certification of part of the military equipment; e clarifies, now, that it cannot commit to the certification of the missile and correspondents systems of weapons, that must equip the helicopter, this power to fulfill its mission.
5. Proceeding in this way, the Eurocopter violates its obligations contractual. A helicopter without the corresponding military certifications, nor is the helicopter that Portugal decided to acquire, nor is, certainly, the helicopter with military aptitude that serves our Army. It increases, still, that the financial value of the related helicopter, without the military certification, is consideravelmente lesser. The Eurocopter knows it and it cannot wait that the Portuguese State ignores it.
6. In the negotiations however promoted, for the Government, the Eurocopter did not satisfy the set of military conditions, techniques and financiers, who the Portuguese State considers vital for the protecção of its Armed Forces and, in special, of the Portuguese Army.
7. The Portuguese State distendeu, in this contract, year 2000, the amount of 10.445.853 euros. The Government ordered to execute, in July of 2002, the bank guarantees, in the value of 12.186.829 euros. The interest of the contributor was defended.
8. Intent the displayed one, and in the terms of the clauses 5a, n°4, alínea b), 7a, n°1, alínea b) and 8a, n°2, alínea), of the contract, the Minister of State and the National Defense, signed, today, the forwarding of rescission of the contract with the Eurocopter.
9. The Portuguese State reserves the right of setting in motion the Eurocopter, aiming at the attainment of a indemnização for the verified damages, that, in the contractual forecast, are independent of the executed guarantees already.
10. 0 Government wants equipped Armed Forces. On behalf of the Portuguese State, it demands respect for the contracts that it signs. In this way, in contribution with the Army, the Ministry of the National Defense initiated the study, in the picture of the available legal options, on the best procedure so that the program of acquisition of this type of helicopters if materialize, in time, with military and financial efficiency, and in conditions of legal security. A decision to this intention will be announced in briefing.
Ministry of the National Defense, 14 of August of 2002″
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