Key Benefits:
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Proposal for Law No 125 /XII
Exhibition of Motives
In the framework of the organizational rationalization triggered by the Reduction Programme and
Improvement of the Central State Administration (PREMAC), the Decree-Law No. 7/2012, of
January 17, approved the Organic Law of the Ministry of Agriculture, the Sea, the Environment and
of Territory Planning (MAMAOT), enshrining the amendment of the legal nature
of the Water and Waste Services Regulatory Entity, hereinafter referred to as ERSAR
as an independent administrative entity.
This new independent administrative entity results from the transformation of the institute
public ERSAR, I. P. and which is governed by the statutes set out in the Decree-Law No. 277/2009,
of October 2. Previous I.P. has had its origin in the redenomination of the Institute
Water and Waste Regulator (IRAR), created in the framework defined by the Decree-Law
n. 230/97 of August 30 for the Ministry of the Environment, and which is governed by the Statutes
published in Decree-Law No. 362/98 of November 18, in succession of the observatory
national of the multimunicipal and municipal water systems for public consumption, of
urban waste water and municipal solid waste.
The existence of a regulatory body for the sectors of supply services
public water, urban wastewater sanitation and urban waste management
finds roots in the need to, in the face of the growing complexity of the problems raised
by the segments of economic activity in question and by their particular relevance to the
populations, exist a guiding and regulatory entity with magnified, capable assignments
of ensuring the promotion of quality in the design, implementation, management and operation of the
systems, aiming to defend the rights of consumers and the promotion of sustainability
economic.
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The functions of the sectoral regulator, which originally limited itself to the concessions
multimunicipal and municipal of water supply services, sanitation of
wastewater and urban waste management, have continuously been expanded.
The Decree-Law No. 243/2001 of September 5 has attributed to the IRAR, with effect from
2004, the functions of competent authority for the coordination and surveillance of the scheme
of the quality of water for human consumption, covering, in this matter, all entities
gestures, regardless of the management model.
The regulatory intervention space was further expanded with the publication of the Law
n 53-F/2006, of December 29 (legal regime of the local business sector) that came
subjecting local business sector entities to pursue activities in the framework of
sectors regulated to the regulatory powers of the respective regulator and still with the
publication of Law No. 2/2007 of January 15, (The Local Finance Act), of which it results
for the regulator the responsibility for the verification of the provisions relating to the
prices for services provided by municipal or inter-city direct management entities,
including in the form of municipalized or intermunicipalized services, and by companies
municipal and intermunicipal.
More recently, accompanying the transformation of the IRAR in ERSAR, I.P., watched
to the universalization of regulatory intervention to all entities providing the services of
waters and waste.
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However, notwithstanding the increased importance it has been accorded to regulation
of the sector, this one still falls short of the identified needs for deepening
of the regulatory model, requiring the re-evaluation of the administrative nature in the universe of the
regulated entities and the corresponding organic and functional independence of the regulator.
Over all these years, the regulator has maintained the nature of public institute of
common regime, conducting itself by the legal regime of public institutes, subject to
oversight and administrative tutelage, and the powers of guidance of the Government, which
may affect the independence of regulation and does not offer guarantees of market balance,
by one of the parties accumulating roles, being the simultaneous agent and entity establishing
the rules of operation of the sector.
The water and waste sector, in which ERSAR intervenes, is found to be the target of a
deep structural reorganization process, with the objectives of solving the
environmental problems identified from first generation and increment of the
economic-financial sustainability.
As a substantive structural measure, therefore, the restructuring of the water sector and
of the waste, with priority for its economic-financial sustainability, assuming
the strengthening of the regulator an essential role.
This succeeding because it is a replaceable sector for public services of general interest,
fundamental to the general welfare, public health and collective security of the
populations, economic activities and the protection of the environment. These activities
constitute natural or legal monopolies, of local or regional cariz, and require a
form of intervention that allows to overcome the non-existence of mechanisms of
self-regulation that caraterizes the competitive markets.
It is shown, in this way, essential to the intervention of a regulator who, by exerting his /
function in the field of essential public services, promote their provision in obedience
to the principles of universality in access, continuity and quality of service, and of
efficiency and fairness of prices.
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The present scenario is, incidentally, favorable to finally the change, the necessity of which is
has long recognized, from the reinforcement of the ERSAR regulator's activity, with the
inherent alteration of its legal nature. Transversally to the establishment of the target
of restructuring of the sector, was set the goal of redefining the functions of the
various regulatory bodies, allocating them the status of administrative authorities
independent in cases where regulated markets justifies it, aiming to ensure that the
national regulatory bodies have the independence and resources required to exercise
your responsibilities.
By maximizing the degree of intervention of regulators, within the framework of good practices of
regulation, contributes to risk reduction of the regulated sectors and to the appropriate
caption of financing, alongside the protection of the interests of users, ensuring
sustainable options in the long term. By way of effective regulation creates an incentive to
increased efficiency and effectiveness of the managing entities, avoiding the risk of
prevalence of these on users and the consequent danger of these users
receive lower quality services and at the highest price.
In the case of ERSAR, the amendment of the statute falls within a larger framework of the strategy
setorial looking for through the review of the regulator's role take the first step in the
path of long-term sustainability of the sector.
This diploma thus aims to recognize and accentuate the autonomy of the regulator in the face of power
executive, granting him a statute and the means to defend the general interest and the
interests of users of regulated services, with a safeguard of viability
economic of the managing entities and their legitimate interests.
It is therefore advanced in the establishment of an institutional framework promoter of efficiency
structural, through economies of scale, range and process, and efficiency
operational, at the level of the managing entities, providing capable tariff systems
to ensure the sustainable coverage of the costs of the services, and which relate to the
resolution of the pressing difficulties of the sector to be regular.
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With the consecration of these statutes, the correct protection of the user is also ensured
of water and waste services, contributing to, in the framework of compliance with
principles laid down in Law No. 58/2005, of December 29, Water Law, and in the
Decree-Law No 178/2006 of September 5 on the general scheme for waste management,
ensure the balance between socially acceptable prices and the need for recovery
of the costs of services, and in the context of Law No. 23/96 of July 26 (Services Act
Essential Public) safeguard the rights of the users arising therefrom.
It is also aimed at preventing possible abuses arising from the rights of exclusive, on the one hand, in the
referring to the guarantee and monitoring of the quality of public services provided and, by
another, with regard to the supervision and control of the prices practiced, which is revealed
essential for being in the face of situations of natural or legal monopoly.
It is also intended to ensure the safeguarding of the rights of the managing entities and,
where applicable, the conditions of equality and transparency in the access and exercise of the
water and waste services activity and in the respects contractual relationships, as well as
consolidate an effective public right to general information on the sector and on each other
of the managing entities.
With a view to achieving all these objectives, the present diploma proceeds to the reinforcement of the
independence of ERSAR in the exercise of the respects functions, specifically, through the
reduction of tutelage powers to specific acts that do not contend with the intervention of
regulation and supervision, in the terms of the law and the statutes, and, still, by amending the
status of the members of the board of directors as to the designation process, to the
period of the mandates, the guarantees of inamovibility and the rules of cessation of the
mandates.
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The powers of authority, sanctionals and regulations of the ERSAR are strengthened, to
potentiate its acting capacity in the regulated sectors through the assignment and
robustness of fundamental instruments for the activity of regulation and supervision
of the providers of the water and waste services.
These changes are accompanied by the review of the means of the ERSAR through the
consecration of new rules as to the otherwise subsidised legal regime, which
becomes that of the corporate public entities, and of new rules regarding the regime
budgetary and financial and the arrangements for the operative and support services.
The governing bodies of the Autonomous Regions, the Association, were heard
National of Portuguese Municipalities and the National Association of Freguestics.
The hearing of the National Consumption Council was promoted.
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.
Object
1-A This Law amends the legal status of the Water Services Regulatory Entity and
Waste, I.P. (ERSAR, I. P.), which becomes the name of the Regulatory Entity of the
Water and Waste Services, abbreviately designated ERSAR.
2-A ERSAR continues the legal personality of ERSAR, I.P., keeping all the
rights and obligations, legal or contractual, that integrate the respect of the legal sphere.
Article 2.
Statutes
The new statutes of the ERSAR, in annex to this Act, are approved, which it shall
an integral part.
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Article 3.
Organs of ERSAR
The entry into force of this Law does not imply the expiry of the current mandates of the holders
of the organs of the ERSAR, I.P., which are under way.
Article 4.
Transitional arrangements applicable to current ERSAR workers
1-Workers who, at the time of the entry into force of this Law, find themselves
integrated into the staff map of ERSAR, I.P., and which are holders of a relationship
public employment legal, transite to the ERSAR personnel map, maintaining the
respect for legal linkage of public employment in the modality of contract of employment
in public functions, as well as all too many rights.
2-The concursal procedures of recruitment and selection that are ongoing in the
date of entry into force of this Law shall remain, and employees may
recruiting to enter into contract work in public functions if they are holders of
previously constituted public employment legal relationship.
3-The existing internal mobility situations in ERSAR on the date of the entry into force of the
present law, regardless of the service of origin belongs to the Administration
Central, Regional or Local, keep up to the term or the term that results
of any extensions arising from the applicable legislation.
4-The new personnel scheme to be approved by internal ERSAR regulation, in the terms
provided for in the statutes approved in annex to this Law, is applicable to employees
that belong to the personnel map of ERSAR, I.P., or that there will exercise functions in
mobility scheme, at the date of the entry into force of this diploma.
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5-Without prejudice to the provisions of the preceding paragraph, the current workers of the map of
staff of ERSAR, I.P., who find themselves integrated into the general careers of technician
superior and technical assistant and operational assistant transition to the careers of
identical degree of functional complexity that come to be approved by regulation
internal of ERSAR and in the terms defined therein.
6-In the transition to the new careers the workers are repositioned according to
the one provided for in Article 104 of Law No 12-A/2008 of February 27, as amended by the Law
n 64-A/2008, of December 31, with the necessary adaptations.
7-The map of personnel approved and in force at the date of the entry into force of this Law
constitutes the personnel map of ERSAR.
8-It shall be in force the term employment contracts concluded, ceasing by the
course of time in them, without prejudice to its possible renewal in the terms
general.
Article 5.
Internal organization
Until the entry into force of the internal regulation laid down in Article 39 (2) of the
statutes of the ERSAR, approved in annex to this Law, remain in force to
internal organisation and the remunerative status of the intermediate leading positions, in the
terms set out in the Portaria No. 174/2011 of April 28.
Article 6.
Regulation rates
The portaries that define the rates relating to structural, economic and economic regulation activity
of quality of service and the rates regarding the regulation of water quality for consumption
human victors at the date of the entry into force of this Law remain until the respect of
repeal.
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Article 7.
Standard of adaptation
1-All references to ERSAR, I.P., constants of law, regulation, contract or
any other legal instrument, they consider themselves to be made to ERSAR.
2-References to the powers of the conceding for the approval of constant tariffs of the
Decrees-Laws No 294/94 of November 16, 319/94, of December 24, and 162/96,
of September 4, republished in annex to Decree-Law No. 195/2009 of August 20,
consider themselves made for ERSAR.
Article 8.
Delegated management systems of state securitisation services
The extension of the provisions of the statutes of the ERSAR, approved in annex to this Law, in the
that concerne to Article 5 (3) and Article 14, to the delegated management systems of
state title services is dependent on the revision of the respective diplomas and
of those who set the model of transfers between these and the multimunicipal systems.
Article 9.
Abrogation standard
The Decree-Law No. 277/2009 of October 2 is repealed.
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Article 10.
Entry into force
This Law shall come into force on the first working day following that of its publication.
Seen and approved in Council of Ministers of December 27, 2012
The Prime Minister
The Deputy Minister and Parliamentary Affairs
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ANNEX
STATUTES OF THE REGULATORY BODY FOR WATER SERVICES AND
WASTE
CHAPTER I
General provisions
Article 1.
Nature, mission, jurisdiction and headquarters
1-A Regulatory Entity of Waters and Waste Services, hereinafter referred to as ERSAR,
collective person of public law, is an independent administrative entity with
functions of regulation and supervision, endowed with administrative and financial autonomy and
own heritage.
2-A ERSAR is for the mission of regulation and supervision of the sectors of the services of
public supply of water, municipal wastewater sanitation and management of
urban waste, abbreviately designated by water and waste services,
including the exercise of duties of competent authority for coordination and
supervision of the water quality regime for human consumption.
3-A ERSAR is based in Lisbon.
Article 2.
Legal regime and independence
1-A ERSAR is independent in the performance of its functions, under the terms set out in law and
in those present statutes, not meeting subject to oversight or guardian
government in the framework of that exercise.
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2-A ERSAR shall be governed by the present statutes, by the internal regulations and provisions
that are specifically applicable to you and, in that of those not foreseen or with
those is not incompatible, by the standards applicable to business public entities.
3-Are applicable to ERSAR under paragraph 1, in everything that does not contravene the provisions of
in those present statutes and in the diploma that approves them:
a) The Code of Administrative Procedure and any other standards and
principles of general scope relating to the administrative acts of the State;
b) The laws of administrative litigation, when they are in the cause of practiced acts
in the exercise of public functions of authority and contracts of nature
administrative;
c) The regime of public procurement;
d) The regime of incompatibilities and impediments of public office and the
workers in public functions;
e) The regime of the civil liability of the State;
f) The duties of information arising from the organization's information system
of the State (SIOE);
g) The regimes of jurisdiction and financial control of the Court of Auditors and of
inspection and auditing of state services.
Article 3.
Principle of specialty
The legal capacity of ERSAR comprises the title of rights and obligations
necessary for the pursuit of its object by exercising its powers within the framework of
respects assignments and affecting its resources to the purposes that are committed to it.
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Article 4.
Regulated entities
1-Are subject to the performance of ERSAR, within the framework of their assignments and in the terms of the
present statutes, all the managing entities acting in the sectors referred to in the
Article 1 (2), irrespective of the state or municipal title of the
respect systems and the management model adopted, specifically:
a) Direct provision of the service;
b) Delegation of the service in enterprise of the business sector of the State, the sector
local business, in inter-municipal entities or in company constituted in
partnership with the State;
c) Grant of the service.
2-Are still subject to the performance of ERSAR, under the law, the entities holding the
water and waste services, where they are concerned with rights and obligations of the
gestures or users as well as the laboratories effectuating control
of the quality of water for human consumption.
3-Are also subject to the performance of ERSAR the freguesies and the associations of
users in which they have been delegated these services which, to the effect of the
present statutes, are equated to entities managing systems of entitlement
municipal, in the model provided for in the b ) of paragraph 1.
4-Are also subject to the performance of ERSAR any other entities that have
assumed responsibility for the management of services within the regulated sectors,
regardless of their public or private nature and the title that legitimizes the
exercise of those activities, which, to the effect of the present statutes, are equated
to entities managing state or municipal entitlement systems in the models
provided for in points b) or c ) of paragraph 1, depending on the cases and with the necessary
adaptations.
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5-For the purposes of the preceding paragraph, they shall constitute, in particular, indications of the transfer
of responsibility for the management of services to be made of paid investments
in whole or in part by the tariffs charged to users, the assumption of the risk of
search, the collection of services to users and the duration of the contractual bond.
6-A ERSAR further regulates any other entities that, by law, stay subject to their
acting, notably entities with private systems for public supply
of water for human consumption.
7-A ERSAR, in the terms of specific legislation and in the framework of its tasks,
collaborates with the national waste authority regarding the integrated systems of
specific flows.
8-A The collaboration referred to in the preceding paragraph addresses the aspets of strategic definition,
of licensing of managing and defining entities, periodic update and review
extraordinary of the counterpart values, materializing through procedures
to be defined in the regulation of regulatory procedures.
Article 5.
Attributions
1-Generic attributions of ERSAR to ensure regulation and supervision of services
of waters, sanitation of urban waste water and municipal waste management,
promoting increased efficiency and effectiveness in their delivery by ensuring the
existence of conditions allowing the achievement of the economic and financial balance
on the part of the activities of the regulated sectors exerted on public service arrangements,
as well as the exercise of the functions of competent authority for water quality
for human consumption together with all water supply entities.
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2-Are attributions of the ERSAR of structural regulation of the sector:
a) Contribute to the formulation of public policies, rationalization and
resolution of dysfunctions relating to the regulated services and the organization of the
sector, as well as follow up and report on the implementation of your plans
strategic;
b) Contribute to the clarification of the rules for the provision of these services through the
issuance of regulations and recommendations, and follow up the application of these
regulations and recommendations and legislation in force.
3-Are the attributions of the ERSAR of economic regulation:
a) Scrutinizing compliance by the holding and managing entities of the provisions
legal, regulatory and contractual rules applicable, particularly in the phases of
creation, contest, contractualization, contractual amendment, reset and
extinction, ensuring public interest and legality;
b) To ensure the economic regulation of the managing entities, in an environment of
efficiency and effectiveness in the provision of public services, without prejudice to the
economic accessibility of users to services;
c) Set the tariffs for state title systems, including due
directly by the end users to the multimunicipal systems, as well as
overseeing other economic-financial aspements of the managing entities of the
systems of state entitlement, notably issuing opinions, proposals and
recommendations, in the terms set out in legislation and regulation
applicable;
d) Regulate, evaluate and audit the fixation and application of tariffs in the systems of
municipal title, whatever the management model, in the terms
defined in the applicable legislation and regulations;
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e) Issue recommendations on the compliance of systems tariff
municipal with the established in the tariff regulation and too much legislation
applicable;
f) Fix, in the situations and terms provided for in the law, the tariffs of the systems of
municipal entitlement that does not conform to the legal provisions and
regulations in force;
g) Ensure detailed billing by the providers of the services, in a
decomposed identification frame of the various plots that makes up the final value
of the invoice, aiming at the disaggregation, before the end user, of the different
components of the costs relating to water activities, sanitation, management
of waste and others, to which it should enable direct access from suppliers to the
your share of costs in the detailed invoice.
4-Are attributions of the ERSAR of behavioral regulation:
a) Ensuring the regulation of water quality for human consumption together with all
the water supply entities, in the terms defined in
applicable legislation, promoting the improvement of its quality by evaluating the
performance of these entities;
b) To ensure the regulation of the quality of service provided to users by the
managing entities, promoting the improvement of service levels, evaluating the
performance of these entities, comparing the entities to each other and rewarding
reference cases;
c) Promote the comparison and public disclosure of the activity of the entities
gestures, materializing a fundamental right of access to information that
assists all users and cementing a culture of making available
concise, credible and easy-to-interpret information;
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d) To ensure the safeguarding of the rights and interests of users in relation to
tariffs, services and quality of service and promote the resolution of disputes of these
with the managing entities;
e) Fostering the participation of users of the services by creating mechanisms of
advice and dissemination of information;
f) Deciding users ' complaints and conflicts involving the entities
gestures, analyzing them, promoting recourse to conciliation and arbitration between the
parts as a form of conflict resolution and taking the arrangements that
consider urgent and necessary;
5-Are still specific attributions of ERSAR the following regulatory activities
supplementary:
a) To coordinate and carry out the collection and dissemination of information concerning the sector of
public water supply services, wastewater sanitation
urban and urban waste management and the respective holding entities and
gestures, guaranteeing the right of access to information to all users;
b) To promote research, innovation and the realization of studies on subjects of the
your assignments, contribute to the improvement of the technical capacity-building of the entities
gestures and other actors in the sector.
6-A ERSAR still performs the remaining functions assigned to it by law.
Article 6.
Principles of tariff setting
In the setting of tariffs and the drafting of the tariff regulations, ERSAR should observe
the following principles:
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a) Economic and financial recovery of the costs of services;
b) Preservation of natural resources and promotion of efficient behaviours by the
consumers;
c) Tariff structures that incorporate the size of the household, for the
domestic users, privileging more fair and efficient water captions;
d) Definition of social fare.
Article 7.
Duties of collaboration and provision of information
1-All entities, public or private, must collaborate with ERSAR on obtaining
of the information requested for the continuation of your assignments, pursuant to
define in the regulation of regulatory procedures.
2-Without prejudice to other legally set time limits, for the purpose of the number
previous to ERSAR may fix to the regulated entities a time limit, not less than 30 days
useful, for the sending of information necessary to the cabal performance of its functions.
Article 8.
Cooperative relations or collaboration
ERSAR can establish forms of cooperation, collaboration or association, in the framework
of its assignments, with other entities of public or private law, at the national level
or international, when this proves necessary or convenient for the pursuit of the
respects assignments.
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CHAPTER II
Exercise of powers of authority, sanctionaries and regulations
Article 9.
Equiparation
In the exercise of its assignments, ERSAR assumes the rights and obligations assigned
to the State in the applicable legal and regulatory provisions, specifically as to the
coercive collection of contributions, fees, service income, and other credits.
Article 10.
Powers of authority
1-A ERSAR exercises the powers of authority necessary for the pursuit of its
assignments, specifically through the realization of inspection actions, surveillance and
audit.
2-The staff of ERSAR, in the development of the actions provided for in the preceding paragraph,
enjoys, inter alia, the following prerogatives:
a) Freely access all the facilities, infrastructure and equipment of the
managing entities, and there to remain for the time required;
b) Use facilities made available by the managing body, which must be
appropriate to the exercise of their duties in conditions of dignity and effectiveness;
c) Requisition and reproduce documents as well as collect samples, equipment
and materials for the realization of analyses and tests, consultation, support or joining the
reports, processes or autos and, still, proceed to the examination of any elements
pertinent;
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d) Promote, in the legal terms, the sealing of any facilities, dependencies,
safes or furniture and the seizure of documents and objects of proof, washing the
corresponding auto, dispensable case only occur simple reproduction of
documents;
e) Determine the suspension or cessation of activities and the closure of
facilities;
f) Apply for the collaboration of the competent entities, in particular to the authorities
police officers and administrative officers, when necessary for the performance of their duties.
3-For the effects of the previous number, ERSAR personnel are accredited through the
identification card allocation whose model and conditions of issue are object of
would pore from the member of the Government responsible for the area of economic activity on the
what focuses on ERSAR acting.
4-The persons referred to in paragraph 2 shall display the identification cards referred to in the
previous number when they meet in the performance of the respective duties.
5-It Is Incumbent on the entities subject to the intervention of ERSAR to provide you with all conditions
necessary for the guarantee of the effectiveness of the actions developed in the framework of their tasks,
particularly through the designation of interlocutors.
Article 11.
Sanctionatory powers
À ERSAR competes to process the counter-ordinations and apply the corresponding fines and
still the remaining sanctions applicable to the infractions of the laws and regulations whose implementation
or supervision is committed to you, as well as those resulting from non-compliance with your
own determinations, in the terms provided for in the law.
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Article 12.
Regulatory power
It is incumbent on ERSAR to draw up and approve regulations with external effectiveness in the frame of the
respects assignments, without prejudice to others that come to be defined by law,
particularly with respect to:
a) Tariff rates, in the terms set out in Article 14;
b) Quality of service, specifically, through the definition of minimum levels of
quality and compensation due in case of default;
c) Trade relations, through the definition of rules of relationship between the
managing entities at high and low and between the latter and the respective
users, in particular with regard to conditions for access and contracting
of service, measurement, billing, payment and collection and provision of information
and resolution of disputes by regulating the respective legal regimes and the
protection of users of essential public services;
d) Regulatory procedures inherent in your relationship with the entities
subject to their intervention, within the framework of the respective allocations, concretizing the
form and the time frame for exercise of the powers of the board of directors
in the matter of regulation;
e) Procedures for approval of products in contact with water for
human consumption, in the terms provided for in Article 21 of the Decree-Law No
306/2007, of August 27, as amended by Decree-Law No. 92/2010 of July 26.
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Article 13.
Regulatory procedure
1-Without prejudice to the consultation of the advisory bodies of ERSAR, the approval or amendment
of any regulation whose approval is of its competence, is preceded by the
holding a period of public consultation, under the law, of non-inferior duration
to 20 working days, during which the interested parties can issue their comments and
submit suggestions.
2-For the purposes of the previous number, ERSAR informs the members of the Government
responsible for the area of the environment and consumer protection, the holding entities
of the services and the managing entities covered by the scope of the Regulation and the
consumer associations of generic interest of the draft regulation
drawn up, providing them with access to the respectable text and making it available in their
page in the Internet .
3-Elapsed the public consultation period, ERSAR draws up and publicizes on its page in the
Internet a report of analysis of the comments and suggestions formulated, in which
substantiates the decisions taken, and may refer to the supplementary document as
detailed justifications.
4-ERSAR regulations with external effectiveness are published in the 2 th grade of the Journal
of the Republic and made available on your page in the Internet .
Article 14.
Tariff regulations
1-A ERSAR approves tariff regulations for water and waste services in the
which are established:
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a) Rules of definition, fixation, revision and upgrading of supply charges
water public, urban wastewater sanitation and waste management
urban, in obedience to the principles enshrined in applicable law and to the
need to promote the economic accessibility of end users
domestic, notably through social tariff rates;
b) Rules of analytical accounting in the strict optics of the accounting separation of the
activities regulated with each other and relatively to the remaining activities eventually
exerted by the managing entities;
c) Rules of tariff convergence, which, with an excecional character, allow for
transient derogation from the principle of covering charges, incurred in
efficiency scenario, associated with the provision of the service;
d) Rules for recovery of any excesses or insufficiencies of charges
generated;
e) Rules of invoicing of services;
f) Reporting rules for verification of compliance with standards
applicable;
g) Rules for making information available to users of the services;
h) Rules and procedures for supervision.
2-The tariff regulations referred to in the preceding paragraph meet the specificities of the
situations of delegated management of state title services which, in the terms of
legal diploma, effectuin transfers to multimunicipal systems.
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Article 15.
Resolution of conflicts
ERSAR, in the context of the respective attributions, may intervene in the resolution of disputes,
notably through mediation and conciliation, among any entities subject to their
intervention or between these entities and the users of the services by them provided.
CHAPTER III
Organic structure
SECTION I
Enumeration of organs
Article 16.
Organs
They are organs of ERSAR:
a) The board of directors;
b) The single fiscal;
c) The advisory board;
d) The tariff council.
SECTION II
Board of directors
Article 17.
Function
The board of directors is the collegiate body responsible for the definition and
implementation of ERSAR activity, as well as by the direction of the respected services,
in accordance with the law and those present statutes.
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Article 18.
Composition
The board of directors is composed of a chairman and two vowels, and may one
of them to be designated vice-president.
Article 19.
Appointment
1-Members of the board of directors are chosen from among persons with
recognized idoneity, independence and technical and professional competence.
2-The members of the nominated board of directors are appointed by resolution of the
Council of Ministers, on a proposal from the member of the Government responsible for the area of
economic activity on which to focus on ERSAR acting, accompanied by opinion
of the Commission on Recruitment and Selection of Public Administration regarding suitability
Profile to the roles to be performed, including compliance with the rules of
incompatibility and applicable impediments.
3-The nominations are preceded by hearing of the competent committee of the Assembly of
Republic, at the request of the Government, accompanied by the statement of reasons for the respects
choices and the opinion of the Commission of Recruitment and Selection of Administration
Public.
4-A resolution of Council of Ministers carrying out the designation of members of the
board of directors is published in the Journal of the Republic , together with note
on the academic and professional curriculum of the nominee.
5-In the case of simultaneous designation of two or more members of the board of
administration, the term of the terms of respect mandates may not coincide, owing to diverge
between them at least six months, through, if necessary, the limitation of the duration of a
or more mandates.
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6-There can be no appointment of the members of the board of directors after the
resignation of the Government or the convening of elections to the Assembly of the Republic,
nor before the newly appointed parliamentary confirmation of government.
Article 20.
Incompatibilities and impediments
1-The members of the board of directors shall carry out their duties in a regime of
exclusivity may not, specifically:
a) Be holders of organs of sovereignty, autonomous regions or local power,
nor perform any other public or professional functions, unless
lecturer or research functions, provided that they are unpaid;
b) Hold, directly or indirectly, any bond or relationship, remunerated or not,
with companies, groups of companies or other target entities of the activity
of the regulator or hold any social shareholdings or interests in the
same;
c) Hold, directly or indirectly, any bond or relationship, remunerated or not,
with other entities whose activity may collide with their assignments and
competencies.
2-The members of the board of directors shall be subject to the scheme of
incompatibilities and impediments established for the holders of high offices
public, with the specificities provided for by the regulatory bodies.
Article 21.
Duration of term of office
The members of the board of directors are appointed for a period of six years,
not being renewable successively.
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Article 22.
Cessation of the mandate
1-The members of the board of directors cannot be exonerated from office before
to end the term of the term of office, save in the cases provided for in the present
article.
2-The term of office of the members of the board of directors shall be in the course of the course of the
deadline and still by:
a) Resignation;
b) Death or permanent disability for the exercise of the function;
c) Supervenient incompatibility;
d) Conviction, by sentence carried forward on trial, in felony felony that put
in question the suitability for the exercise of the office;
e) Compliance with a prison sentence;
f) Dissolution of the board of directors or removal of its members in the
terms of the n. ºs 4 and 5;
g) Extinction or reorganization of the regulator, save for the members of the
board of directors of whom they are expressly held the mandates
in the body of administration of the entity that succeeding him.
3-In the event of a cessation of the term of office, the members of the board of directors shall keep it
if in the exercise of its duties until the effective replacement, which is to occur on time
maximum of 20 days.
4-A dissolution of the board of directors and the ousting of any of its
members can only occur upon resolution of the reasoned Council of Ministers
on justified grounds.
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5-For the purposes of the provisions of the preceding paragraph, it is understood that there is justified reason
whenever there is a serious lack, individual or collective responsibility, ascertained in
survey instructed by independent entity, preceding advice from the board
advisory and the hearing of the competent committee of the Assembly of the Republic,
particularly in case of:
a) Serious or repeated disregard of legal standards and statutes, as well as of the
regulations and guidelines of the regulator;
b) Failure to fulfil the duty of exercise of duties in exclusivity regime or
serious or repeated violation of the duty of reservation;
c) Substantial and unwarranted failure of the activity plan or the
budget of the regulator.
Article 23.
Status of members
1-The ill-gotten monthly salaries of the members of the board of directors are
set by resolution of the Council of Ministers, in the general terms defined for the
boards of directors of the regulatory bodies.
2-It shall apply to members of the board of directors the general security regime
social, save when they are holders of public employment legal relation for time
indefinite, in which case they may opt for the own regime from their place of origin.
3-The situations of inherency of functions or positions by members of the board of
administration in entities or other structures related to the entities
regulator does not confer right to any additional remuneration or any other
benefits and perks.
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4-A use of credit cards and other payment instruments, viatures,
communications and enjoyment of social benefits by the members of the board of
administration is subject to the regime defined for public managers.
Article 24.
Competencies of the board of directors
1-Are competences of the board of directors in regulation and supervision:
a) Issue opinions, studies and projects at the request of the Government or by its initiative
in matters inserted in the scope of the tasks assignments, for the clarification
of the rules of operation of water and waste services, and accompany the
application of the respect of legislation;
b) Approve the regulations with external effectiveness provided for in law and those that are
necessary for the performance of the ERSAR assignments;
c) Establish or pronounce on the tariffs of state title systems
and municipal in the terms set out in the respects legal regimes;
d) Issue recommendations and codes of good practice on any subjects
subject to the intervention of ERSAR in the context of the respective assignments;
e) Take the necessary deliberations for the pursuit of the ERSAR assignments and
to issue instructions in matters entered in the scope of those assignments;
f) Issue opinions in the scope of allocation and contractualization of concessions
multimunicipal, constitution of intermunicipal systems, delegation of services
municipal, from public procurement procedures to the selection of partners
private and the allocation of municipal concessions, from respect to contracting, thus
as of subconcessions, conclusion of partnership contracts between the municipalities
and the State and management contracts to it relating to, and alteration and extinction of
contracts and still public service regulations;
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g) Raise before the holder of the services, when they are managed
through contract, the reexamination of contractual clauses when these
contend with the public interest;
h) Determine the realization of inspection and audit actions to systems,
regardless of their title, management model or services provided;
i) Determine the realization of inspections of supply systems and
supervision of laboratories of water analysis for human consumption, in the
scope of monitoring the quality of water for human consumption;
j) Exercising counterordinational power, in the terms defined in the legislation
applicable;
k) Require any precautionary arrangements or by any way act in judgment
on matters that may put into question the balance of the sector and
ensuring the defence of consumer rights;
l) Celebrate protocols of cooperation or collaboration and establish mechanisms of
association with other entities of public or private law, national or
international, when this proves necessary or convenient for the
pursuing the tasks of ERSAR;
m) To coordinate and carry out the collection and dissemination of the relevant information concerning the
regulatory model, the sector of public water supply services and
sanitation of urban waste water and urban waste management and the
respects managing entities;
n) To promote research, innovation and the realization of studies on subjects of the
your attributions;
o) To draw up the annual report for regulation and supervision;
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p) Practise all the remaining acts necessary for the pursuit of the assignments of the
ERSAR for which it is not competent another organ.
2-Are internal management skills of the board of directors:
a) Drive the activity of ERSAR and its services;
b) Elaborate the annual activity plans and ensure the respective implementation,
monitoring and evaluation;
c) Elaborate the draft budget, pursuant to the applicable legislation;
d) Carry out the necessary budgetary changes;
e) To draw up the annual report of activities and accounts;
f) To draw up the social balance, under the applicable law;
g) Exercising the powers of direction, management and discipline of the staff, as well as practicing
the remaining acts to this concerning, in the terms provided for in the law, the statutes and the
internal regulations to be approved;
h) Approve the internal regulations necessary for the performance of your
attributions;
i) Practise the remaining acts of management arising from the application of the gifts
statutes and other applicable legislation and that prove necessary to the good
operation of the services;
j) Follow up and systematically evaluate the developed activity,
specifically promoting a rational use of available resources
in the sense of maximizing the results;
k) Nominate the representatives of ERSAR in external bodies;
l) Constituting ERSAR mandators, in judgment and outside of it, including with power
from substabelecer.
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3-The board of directors has still competence to practise the acts of management
current necessary to the proper functioning of ERSAR and exerts all too much
competencies that are conferred on it in these statutes and in the law or in it are delegated
or subdelegated.
Article 25.
Competences of the chairman of the board of directors
1-Compete, in particular, to the chairman of the board of directors:
a) Convene and chair the meetings of the board of directors, guide their
work and promote the fulfillment of the respective deliberations;
b) Coordinate the activity of the board of directors and the relations of this with the
too much organs and services of ERSAR;
c) Coordinating relations with the Government, with the other public bodies and
with the holding and managing entities;
d) Request the convening of the advisory board for the assessment of the subjects that
understand convenient;
e) Exercising the powers delegated to it by the board of directors;
f) Others provided for in these statutes or in the law.
2-The chairman of the board of directors shall be replaced by the Vice-President, by the
vowel that indicate and, in the absence or non-existence of vice-president, by the vogal more
old.
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Article 26.
Delegation of competences
With the exception of the powers provided for in points b) , c), and j) of Article 24 (1), the
board of directors and its chairman may delegate the respective competences,
by deliberation or dispatching, as the case may be, in one or more of its members
or in leaders or workers of the ERSAR, and authorize the one to proceed to subdelegation
of these powers, establishing in each case the respective limits, conditions and mechanisms
of control.
Article 27.
Health
1-The board of directors meets ordinarily once a week and
extraordinarily whenever the President the Convoque, for his initiative or the
solicitation of the vowels.
2-In the votes there are no abstentions, but statements of vote may be rendered.
3-A minutes of each meeting must be approved and signed by all the members present.
Article 28.
Representation and replacement
1-A ERSAR is represented, in particular in judgment or in the practice of legal acts,
by the chairman of the board of directors, by two of its members or by
mandated representative.
2-A ERSAR obliges through the joint signature of two of the members of the board of
administration, being one of them the president or his legal replacement.
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3-Without prejudice to the provisions of the preceding paragraph, in current management matters, to be defined
upon deliberation of the board of directors, ERSAR may force itself only
through the signing of a member of the board of directors or of any
worker of ERSAR to whom such a faculty is expressly committed.
4-Without prejudice to the provisions of the preceding paragraphs, ERSAR may still oblige by the
signature of mandators, in the restricted scope of the skills that they have been
conferred in the respective term of office.
SECTION III
Single fiscal
Article 29.
Function
The single supervisor is the one responsible for the control of legality and efficiency of management
financial and the patrimonial of ERSAR, and by the exercise of advisory competences of the
board of directors in this field.
Article 30.
Appointment
1-The single supervisor shall be appointed by dispatch of the members of the Government responsible for the
area of finance and by the area of economic activity on which the acting of the
ERSAR.
2-The single tax supervisor must be an official reviewer of accounts or a society of reviewers
account officers.
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Article 31.
Incompatibilities and impediments
It may not be designated a single tax officer who has exercised administration duties in
entities subject to regulation and supervision of ERSAR in the last four years nor the
reviewers officers of accounts in relation to which to check other incompatibilities
provided for in the law.
Article 32.
Duration of term of office
The single supervisor is appointed for a period of four years, not being this mandate
renewable successively.
Article 33.
Status of the single tax
1-The single supervisor shall be independent in the performance of his duties, not being subject to
instructions or guidelines, and shall be governed by the legal provisions relating to the exercise of the
official reviewer activity of accounts.
2-The single tax supervisor is entitled to a monthly salary, paid 12 times a year, in the value of
1/4 of the monthly salary set for the chairman of the board of directors.
Article 34.
Competences of the single tax
It is incumbent on the single supervisor to monitor and regularly monitor compliance with the laws
and applicable regulations, the budgetary implementation, the economic, financial situation,
heritage and accountancy of ERSAR and exercise the remaining competences assigned in the
terms of the law.
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Section IV
Advisory board
Article 35.
Function, skills and composition
1-The advisory board is the consultation body in the definition of the general lines of acting of the
ERSAR, ensuring the participation of representatives of the main interests
involved in the activities of the regulated sectors of water and waste services.
2-Compete to the advisory board to contribute to the formulation of the public policies of the
sector and issue opinion on:
a) The plan and the annual report of activities and accounts;
b) The regulatory model;
c) Other subjects whose appreciation is submitted to him by the board of
administration.
3-Compete still to the advisory board to present, on its initiative, suggestions and
proposals to the board of directors aimed at promoting the improvement of the sector and
of the activities of ERSAR in the framework of the respective assignments.
4-The advisory board of ERSAR is chaired by a recognized personality
merit, appointed by the member of the Government responsible for the area of activity
economic on which to focus the performance of ERSAR.
5-The advisory board further integrates the following elements:
a) The Director General of Local Authorities;
b) The Director General of Economic Activities;
c) The director-general of the Consumer;
d) The Director-General of Health;
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e) The President of the Portuguese Agency for the Environment, I.P.;
f) A representative of the regional coordination and development committees to
level of president or vice president, in rotating regime;
g) A representative of each of the Autonomous Regions;
h) A representative of the National Association of Portuguese Municipalities;
i) Four representatives of managing entities of supply systems of
water and municipal wastewater sanitation of municipal entitlement, by
direct management, delegation, partnership or concession, and must two represent the
public entities and two private entities;
j) Two representatives of managing entities of waste management systems
urban municipal entitlement, by direct management, delegation, partnership or
grant, owing to represent the public entities and other the entities
private;
k) A representative of managing entities of water supply systems and
of sanitation of urban wastewater from state title, by management
direct, delegation or concession;
l) A representative of managing entities of urban waste systems of
state title, by direct management, delegation or concession;
l) A representative of the managing entities of specific waste streams;
m) Two representatives of consumer associations of national scope;
n) Four representatives of representative associations of economic activities
of national scope;
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o) Four representatives of technical-professional associations with relief in the
sector;
p) Two representatives of nongovernmental organizations of scope environment
national.
6-Integrate also the expert advisory board of the supply sectors
public water, urban waste water sanitation and waste management
urban, in number not more than three, appointed by dispatch of the member of the
Government responsible for the area of economic activity on which to focus the acting of the
ERSAR, on a proposal from the chairman of the advisory board.
7-The vowels to which the points are referred a) a e) of paragraph 5 carry out the mandate by inherence
of the respected duties.
8-The exercise of the office of chairman of the advisory board and the specialists to be
refers to paragraph 6 is remunerated through presence passwords, in value to be defined in
internal regulation.
9-The advisory board may create specialized sections depending on the services of
waters and waste or of specific subjects, in the terms to be defined in the respect
internal regulation.
Article 36.
Duration of term of office
1-The members of the advisory board are appointed for a period of three years, without
injury to be able to be replaced at any time by the entities that the
nominate.
2-Effective vowels, to which the points are referred f ) a p) of paragraph 5 of the previous article, may
be replaced by alternating vowels, designated in the act of appointment of the effective vowel.
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Section V
Tariff advice
Article 37.
Function, skills and composition
1-The tariff board is the specific consultation body for the functions of ERSAR
relative to tariffs and prices.
2-Compete to the tariff council:
a) Issue opinion on the proposal of the tariff regulation and its revisions;
b) Issue, annually, appear on the balance sheet of the cycle of economic regulation;
3-The tariff council is chaired by the chairman of the advisory board and has the following
composition:
a) A representative of the Directorate General of Local Authorities;
b) A representative of the Directorate General for Economic Activities;
c) A representative of the Consumer General Directorate,
d) A representative of the Portuguese Agency for the Environment, I.P.;
e) A representative of the National Association of Portuguese Municipalities;
f) Four representatives of managing entities of supply systems of
water and municipal wastewater sanitation of municipal entitlement, by
direct management, delegation or concession, owing two to represent the entities
public and two the private entities;
g) Two representatives of managing entities of waste management systems
urban municipal entitlement, by direct management, delegation or concession,
owing to represent the public entities and other the private entities;
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h) A representative of managing entities of water supply systems and
of sanitation of urban wastewater from state title, by management
direct, delegation or concession;
i) A representative of managing entities of urban waste systems of
state title, by direct management, delegation or concession;
j) A representative of the managing entities of specific waste streams;
k) Two representatives of consumer associations of national scope.
4-The exercise of the posts of the tariff council is not remunerated.
Article 38.
Duration of term of office
The length of the term of office of the members of the tariff council shall apply to the rules
constants of Article 36.
CHAPTER IV
Human resources
Article 39.
Operative and support services
1-A ERSAR has the operational and technical and administrative support services,
indispensable to the effectivation of your assignments.
2-The internal regulation of services, which defines the internal organisation, careers, the
officials ' ERSAR leadership and remunerative status, is approved by the board of
administration.
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Article 40.
Regime of staff
1-ERSAR staff are subject to the legal regime of the individual contract of employment,
with the provisos provided for in these statutes.
2-A ERSAR can be a part in instrument of collective work regulation.
3-The conditions of recruitment and selection of workers, provision and discipline of the
work are defined in internal regulation approved by the council of
administration, with observation of the following general principles:
a) Advertication of the offer of employment;
b) Equal conditions and opportunities of the candidates;
c) Application of methods and objective criteria of evaluation and selection;
d) Reasons for the decision made.
4-A The adoption of the legal regime of the individual contract of employment does not waiver the
compliance with the requirements and limitations arising from the pursuit of interest
public, particularly concerning accumulations and incompatibilities legally
established for workers in public functions.
5-ERSAR staff cannot provide work or services, remunerated or not, the
companies subject to their regulation or supervision or others whose activity collated with the
your attributions.
6-With a view to ensuring convergence with the management and evaluation regime of the
performance in the central public administration, the evaluation of the performance of the
employees of ERSAR concretizes through the application of criteria and guidelines
established in respect of:
a) Principles and objectives, as well as existence of systems for evaluation of
workers, leaders and organic units, to operate in an integrated manner;
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b) Performance evaluation based on the confrontation between fixed goals and
results obtained and, in the case of the leaders and workers, also the
demonstrated skills and to develop;
c) Differentiation of performances through the fixation of a minimum number of
mentions of evaluation and maximum percentages for allocation of the mentions
higher.
7-ERSAR's performance evaluation system, which observes the provisions of the number
previous, is defined in internal regulation approved by the board of directors.
8-The workers provided for in paragraph 1 are enrolled in the general social security scheme of the
workers on an account of others, save the right of option for the maintenance of
enrollment in the General Box of Retirements by workers with legal relationship of
public employment.
Article 41.
Duty of secrecy
The holders of the ERSAR bodies, as well as the staff and service providers and their
collaborators, are subject to the duties of diligence and secrecy on all matters that
are entrusted to them or that they are aware of because of the exercise of their
functions.
CHAPTER V
Patrimonial, budgetary and financial regime
Article 42.
Heritage
The heritage of ERSAR is made up of the universality of its assets, rights and
obligations.
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Article 43.
Applicable regime
1-A ERSAR has, as for the financial management of its heritage, own autonomy
of the regulatory bodies, in the framework of their budget.
2-The rules of public accounting, the regime of autonomous funds and services,
notably, the standards on the spending authorisation, the transition and use of the
management balances and the captivations of monies in the party that do not depend on appropriations from the
state budget are not applicable to ERSAR.
Article 44.
Recipes
1-Constitutions own revenues of ERSAR:
a) The fees and contributions charged to the managing entities of services of
water supply, municipal wastewater sanitation and management of
urban waste concerning the activity of structural, economic and of
quality of service;
b) The fees and contributions charged to the supplying entities of
water relating to the regulation of water quality for human consumption, while
competent authority;
c) The revenue from services provided by ERSAR;
d) The income from the holding, disposal or burdening of goods
own, or resulting from financial applications in the Treasury;
e) The grants, financing, comholdings and donations awarded
by any domestic or foreign entities;
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f) Any recipes that by law, contract or other title are assigned to it.
2-The requirements, criteria for incidence and value of the fees and contributions provided in the
points a ) and b ) of the previous number are defined by porterie of the members of the Government
responsible for the area of finance and the area of economic activity on which
focuses on the performance of ERSAR.
Article 45.
Expenses
They constitute expenses of the ERSAR all those resulting from charges arising from the
pursuit of the respective assignments.
Article 46.
Accounting, accounts and treasury
1-A ERSAR applies the Accounting Normalization System.
2-A The provision of bills is governed, fundamentally, by the provisions of the Organization Law
and Process of the Court of Auditors and respecting regulatory provisions.
3-It is applicable to the ERSAR the State Treasury regime and, in particular, the principle and the
rules of the treasury unit.
4-A ERSAR effectuates annual balance of its heritage, owing in annotation to the
swing the list of the dominial goods subject to your administration.
5-ERSAR's net exercise results can be used for constitution of
reservation of the managing entities.
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CHAPTER VI
Tutelage, accountability and judicial control
Article 47.
Tutelage of management
1-Without prejudice to its organic, functional and financial independence, ERSAR is
subject to the management tutelage of the member of the Government responsible for the area of activity
economic on which to focus the performance of ERSAR.
2-Please require prior approval, within 90 days of receipt, by the
members of the Government responsible for the area of finance and the area of activity
economic on which focuses on ERSAR's performance, the respect budget, the balance sheet
and the accounts.
3-They also lack prior approval, within the period referred to in the preceding paragraph, by the
member of the Government responsible for the area of economic activity on which it focuses
the ERSAR's performance of the multiannual plans, the plan and the activity report.
4-The approvals provided for in paragraphs 2 and 3 can only be refused upon decision
grounded in unlawfulness or injury to the purposes of the regulatory body or to the
public interest or yet to appear unfavorable issued by the advisory board.
5-Decorride the deadlines set out in the preceding paragraphs, without which about them is
delivered express decision, consider to be respectable documents tacitly
approved.
Article 48.
Responsibility
1-A ERSAR prepares and sends annually to the Assembly of the Republic and the Government an
detailed report on the functioning and regulatory activity and activity of regulation and
supervision, being such a report object of publication on its electronical page.
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2-The board of directors shall correspond, whenever it is requested, to the requests for
hearing to be directed by you by the competent committee of the Assembly of the Republic,
to provide information or clarifications about the activities of ERSAR.
3-A ERSAR makes available, on its website, all relevant data for the sector
and of its activity, specifically:
a) The composition of its statutory bodies, including biographical records,
curriculars and remunerative status of the titular respects;
b) The legal and regulatory diplomas framing the regulated sectors, the
regulatory instruments, those present statutes and internal regulations;
c) The annual reports of water and waste services in Portugal;
d) The synthesis reports on the activity of ERSAR, predicted in the number one of the
this article;
e) The tools of management, specifically:
i) Activities plans, activity reports and the approved budgets;
ii) The budgets and bills passed, including the balance sheets.
Article 49.
Judicial control
1-The issues concerning appeal, review and implementation of decisions, dispatches and too much
legally liable to challenge the challenge taken by ERSAR, in the process of
counterordinance, compete with the court of competition, regulation and supervision, in the
terms of the applicable legislation, being that all too many acts of authority of nature
administrative practiced by the organs of ERSAR become subject to the jurisdiction
administrative, according to the legislation respecting legislation.
2-A ERSAR has legitimacy to appeal the decisions rendered in the process of
judicial challenge and that admit appeal.
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Article 50.
Control of the Court of Auditors
ERSAR is, within the framework of financial liability, subject to the jurisdiction of the
Court of Auditors, pursuant to the relevant legislation.
CHAPTER VII
Final disposition
Article 51.
Approval of regulations
1-The tariff regulations referred to in Article 14 shall be approved within 90 days of
counting from the date of the entry into force of these Statutes.
2-The internal regulations provided for in these Statutes are drawn up and approved
within 180 days of the date of the entry into force of these Statutes, unless
in cases where a separate deadline is established.
