Administrative Rule No. 21/2016, of 9 February



Finanças e Planeamento e das Infraestruturas (Finance and Planning and Infrastructure)

Administrative Rule


(This is not an official translation of the law) 

Administrative Rule No. 21/2016, of 9 February, that establishes the way ANACOM's net results for 2014 are allocated and approves the amendment to the respective budget for 2016.

Having regard to the Statutes of Autoridade Nacional das Comunicações (ANACOM), approved by Decree-Law No. 39/2015, of 16 March , insofar as they apply, as well as to the respective net results concerning the 2014 financial year, which amount to (Euro) 40,463,247.91;

Whereas the amount of (Euro) 9,926,367 represents the increase of fees for use of frequencies, arising from provisions laid down in Administrative Rule No 378-D/2013, of 31 December, and constitutes general State income, given that such increase of fees was determined by the Government for that purpose;

Whereas through the distribution of results of the 2012 and 2013 financial years it was not possible to fully deliver interest credited by the commercial banking system for those two financial years and taking into account that, according to the Tribunal de Contas (the Court of Auditors) and Inspeção-Geral de Finanças (the General Inspectorate for Finance), the delivery to the State of interest resulting from financial investments held with the  commercial banking system must take place according to the amount determined, in a perspective of public accounting;

Whereas the distribution of results for the 2014 financial year must be used to settle the delivery of interest resulting from the referred financial investments concerning the 2012 and 2013 financial years, amounting respectively to (Euro) 570,185.64 and (Euro) 314,373.63;

Whereas from the distribution of results for the 2014 must be removed the full amount of interest resulting from financial investments held with the commercial banking system, in 2014, which in a public accounting perspective amount to (Euro) 2,712,083.29;

Whereas ANACOM plays a relevant role as regards Portugal’s participation in the European Space Agency (ESA), representing the country in ESA’s Committees for Management of Telecommunications Programmes (“ARTES” programmes);

Having regard to paragraphs 1 and 3 of article 12-A of Law No. 55/2012, of 6 September, as amended by Law No. 28/2014, of 19 May, which determines the annual transfer to the Instituto do Cinema e do Audiovisual, I. P. (the Cinema and Audiovisual Institute), of specific amounts, to be set out by administrative rule, on account of ANACOM’s net results to be reverted to the State;

Whereas, for 2015, under paragraph 2 of article 4 of Law No. 28/2014, of 19 May, the amount to be transferred corresponds to the total amount of fees due, in that year, by pay-TV service operators, pursuant to paragraph 1 of the referred statutory instrument;

Having regard to ANACOM’s draft allocation of results included in its annual report for 2014;

Having regard to the need to maintain in the Authority’s balance the financial resources required for the fulfilment of current and future assignments;

Therefore, having regard to paragraph 4 of article 45 of Law No. 67/2013, of 28 August, as well as to paragraph 2 of article 4 of Law No. 28/2014, of 19 May, and under paragraph 1 of article 48 of ANACOM’s Statutes, approved by Decree-Law No. 39/2015, of 16 March, paragraph 3 of article 12-A of Law No. 55/2012, of 6 September, as amended by Law No. 28/2014, of 19 May, and article 2 of Decree-Law No. 103/2006, of 7 June, the Government, through the Minister of Finance and the Minister of Planning and Infrastructure, hereby decrees as follows:

Article 1
Purpose

This Administrative Rule establishes the way net results of Autoridade Nacional das Comunicações (ANACOM) for 2014 are allocated.

Article 2
Allocation of net results for 2014

1 - Net results of Autoridade Nacional das Comunicações (ANACOM) for 2014 shall be allocated as follows:

a) The amount of (Euro) 9,926,367 which represents the increase of fees for use of frequencies, arising from provisions laid down in Administrative Rule No 378-D/2013, of 31 December, shall constitute general State income and shall be transferred to the Treasury;

b) The part of interest resulting from financial investments held with the  commercial banking system in the 2012 and 2013 financial years and not yet delivered to the State in previous distribution of results, amounting respectively to (Euro) 570,185.64 and (Euro) 314,373.63, shall constitute general State income and shall be transferred to the Treasury;

c) Interest resulting from financial investments held with the commercial banking system in the 2014 financial year, amounting to (Euro) 2,712,083.29, shall constitute general State income and shall be transferred to the Treasury;

d) The remainder, amounting to (Euro) 26,940,238.35 shall be allocated as follows:

i. 90%, amounting to (Euro) 24,246,214.52, shall be deemed to be general State income;
ii. 10%, amounting to (Euro) 2,694,023. 83 shall be transferred to the heading “Special reserve – Investment”

2 - From the value referred to in point d) i. of the preceding paragraph, the following amounts shall be transferred:

a)  To the European Space Agency (ESA), in the scope of commitments undertaken by the Portuguese State, the amount of (Euro) 1,458,613.15;

b) To the Instituto do Cinema e do Audiovisual, I. P., the amount of (Euro) 5,751,910.53, under paragraph 3 of article 12-A of Law No. 55/2012, of 6 September, as amended by Law No. 28/2014, of 19 May and paragraphs 2 and 3 of article 4 of Law No. 28/2014, of 19 May;

c) The remainder, amounting to (Euro) 17,035,690.84 shall be transferred to the Treasury, being included in this amount the annual amount to be transferred to ERC, on account of ANACOM’s net results, under paragraph 2 of Decree-Law No. 103/2006, of 7 June.

Article 3
Amendment of ANACOM’s budget for 2016

The amendment to ANACOM’s budget for 2016, in the expenditure heading, to amounts referred in point a), b), c) and d) of paragraph 1 of article 2, is hereby approved, no further procedure being required.

Article 4
Entry into force

This Administrative Rule shall enter into force on the day following that of its publication.

The Minister of Finance, Mário José Gomes de Freitas Centeno, on 5 February 2016. - The Minister of Planning and Infrastructure, Pedro Manuel Dias de Jesus Marques, on 15 February 2016.