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Regulates The Financing Of The National Road Network In Charge Of Ep-Portugal, E.p.e. Roads.

Original Language Title: Regula o financiamento da rede rodoviária nacional a cargo da EP - Estradas de Portugal, E.P.E..

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PROPOSED LAW NO. 153 /X

Exhibition of Motives

Even though its status provides you with the revenue collection of its own, from its

creation that the financing of the EP-Roads of Portugal, E. P. E., has been going on

predominantly on the basis of transfers from the State Budget

There are, however, valid reasons for the assignment to the EP-Roads of Portugal, E. P.

E., as a concessionaire of the national road network, of own revenue

directly associated with the services it provides. On the one hand, only by the resource on revenue

own if you are able to explain to the user of the national road network the costs

associated with their financing, design, construction, conservation and exploitation.

With the present proposed law proceeds to the creation of a Contribution of Service

Road which aims to remunerate the EP-Roads of Portugal, E. P. E., by the use that

is made of the national road network, just as it is verified by the consumption of petrol and

of diesel fuel as road fuels. Through the Contribution of Service

Road aims, therefore, to pass on the respective users the costs

inherent in the management of the national road network, paying attention to the pathway these

carry out by consuming a unit of fuel measurement.

The Highway Service Contribution is settled and charged under the terms applicable to the

tax on petroleum and energy products, but possessing autonomy in the

financial plan while own revenue from the EP-Roads of Portugal, E. P. E.

In fulfillment of the principles already made by the Government in the framework of the definition of the

model of management and financing of the national road sector and commitment

of additional non-oneration of users, the creation of the Contribution of Service

Road does not imply any aggravation of the tax rates on the products

petroleum and energy, thereby ensuring the guarantee of full neutrality of its

introduction.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

Article 1.

Subject

This Law creates the Contribution of Road Service, which aims to finance the network

national road to the post of the EP-Roads of Portugal, E. P. E., and determines the

conditions of their application.

Article 2.

Funding

The funding of the national road network in charge of the EP-Roads of Portugal, E. P.

E., taking into account the provisions of the National Highway Plan, is ensured by the

respective users and, secondarily, by the State, under the law and contract

of applicable concession.

Article 3.

Contribution of Road Service

1-A The Contribution of Road Service constitutes the counterpart by the use of the

national road network, just as this is verified by the consumption of fuels.

2-A The contribution of Road Service is established by having the willing

in the previous number as well as the overall financing needs of the network

national road to the post of the EP-Roads of Portugal, E. P. E, with respect to the

respective design, design, construction, conservation, operation, requalification

and enlargement.

3-A The requirement of the Contribution of Road Service is without prejudice to the possible

application of tolls in specific pathways or the feature by the EP-Roads of

Portugal, E. P. E, to other forms of financing.

Article 4.

Incidence and value

1-A The Road Service contribution focuses on petrol and diesel fuel

road subject to the tax on petroleum and energy products (ISP) and

of it not exempt.

2-The value of the Contribution of Road Service is € 64/1000 l. for gasoline and

from 86/1000 l. for road diesel.

Article 5.

Settlement and collection

1-A The Road Service contribution is due by the taxable persons of the tax

on petroleum and energy products, being applicable to their liquidation,

collection and payment the provisions of the Code of Special Consumption Taxes,

in the General Tax Act and the Code of Procedure and the Tributary Process, with the

due adaptations.

2-The charges for settlement and collection incurred by the Directorate General of

Customs and Special Taxes on Consumption are compensated through the

retention of a percentage of 1% of the Service Contribution product

Road.

Article 6.

Title of revenue

Without prejudice to the provisions of the previous article, the product of the Contribution of Service

Road constitutes own revenue from the EP-Roads of Portugal, E. P. E.

Article 7.

Fixing of ISP rates

The ISP rates are established by joint portaria pursuant to the Code of

Excise Taxes, so as to ensure tax neutrality and non-

aggravation of the selling price of fuels as a result of the creation of the

Contribution of Road Service.

Article 8.

Concession

The activity of design, design, construction, conservation, operation,

requalification and enlargement of the national road network is ascribed to the EP-Roads of

Portugal, E. P. E., in concession regime, in the terms to be defined by decree-law.

Article 9.

Entry into force

1-A This Law shall come into force on the date of entry into force of the decree-law referred to in the

previous article.

2-A The porterie referred to in Article 7 shall produce effect on the date of entry into force of the

present law.

Seen and approved in Council of Ministers of June 14, 2007

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs