Government wants to review the law on the subsoil fee charged on gas bills | Energy

The Government will review the underground occupancy tax regime that is charged by some municipalities to companies that distribute natural gas, but paid by residential and business customers in these municipalities.

“The Ministry of Environment and Energy (MAEn) considers that it is essential to review the changes introduced in 2016 to the legal regime of the Subsoil Occupation Tax (TOS), which generated distortions that penalize consumers, companies and municipalities”, stated the ministry led by Maria da Graça Carvalho.

PÚBLICO reported this Sunday that, although the State Budget for 2017 established that gas companies would no longer be able to transfer this cost to final consumers, the situation has not changed in the last seven years, although some companies that contested the payments of TOS required on the invoice have had favorable decisions by the Supreme Administrative Court (STA).

The court admits at the same time that gas distributors may have to be financially compensated by the State for imbalances in their respective concession contracts if they have to pay these fees (the values ​​of which vary from municipality to municipality, are approved in a municipal assembly and do not have a Maximum limit).

However, the Government said that the TOS legal regime is “under review”.

“Law No. 42/2016, of December 28, which approved the State Budget for 2017, provided that “the municipal fee for rights of way and the municipal fee for underground occupation are paid by infrastructure operating companies. -structures, and cannot be reflected in consumers’ bills”, recalls the ministry.

“To ensure its application, previous Governments should have made legislative changes to operationalize the provisions of the Law, ensuring that inequities were not created. However, for seven years, the problem remained unresolved”, says the note, adding that the consequence was “an increase in complaints and litigation between agents involved in the process”.

The guarantee from the ministry where the State Secretariat for Energy operates (headed by Maria João Pereira) is that it is “evaluating this matter, considering the perspectives of consumers, municipalities and infrastructure operators, and also taking into account takes into account the position of the regulator (ERSE) and the rulings of the courts that have ruled”.

“The legal regime for the Subsoil Occupancy Tax (TOS) will be reviewed to ensure due proportionality in its application”, states the Government.

As for the municipal fee for rights of way, relating to the telecommunications sector, it is actually paid by companies based on revenue per customer in the municipality and is defined by law.