Law No 18/2023, of 17 April

Assembly of the Republic

Law

Approves the fees due for the issue of statements of rights, for the exercise of the activity of provider of electronic communications networks and services, for the allocation of rights of use for frequencies and numbers, for the use of the radio spectrum and other fees due to ICP-ANACOM

Pursuant to article 161 c) of the Constitution, the Assembly of the Republic hereby decrees as follows:

Article 1
Subject-matter

This law establishes the essential elements of the fee due for the provision of postal services, introducing the fifth amendment to Law No 17/2012, of 26 April, which establishes the legal framework that governs the provision of postal services, under a full competition regime, on national territory, as well as international services to or from national territory, amended by Decree-Law No 160/2013, of 19 November, by Law No 16/2014, of 4 April, and by Decree-Laws No 49/2021, of 14 June, and 22-A/2022, of 7 February.

Article 2
Amendment to Law No 17/2012, of 26 April

Article 44 of Law No 17/2012, of 26 April, is hereby amended to read as follows:

«Article 44
[...]

1 – The following acts are subject to administrative fees, set according to the costs associated with the implementation of each of the acts referred to therein:

a) [...]

b) [...]

c) [...]

d) [...]

2 – Postal service providers, whatever the nature of their services, shall be subject to annual fees for the exercise of their activity, based on the costs associated with the administrative, technical and operational tasks related to the regulation, supervision and control of the postal sector, calculated in accordance with ANACOM’s accounting system.

3 – The amount of the annual fee referred to in the previous paragraph shall be calculated on the basis of the value of the relevant income directly related to the activity of providing postal services for the year preceding that in which the fee is paid, according to the brackets indicated in the table in Annex I to this Law, of which it forms an integral part.

4 – The value of the t(index 2) contribution rate resulting from the application of the formula for bracket 2, the calculation formula of which is set out in Annex II to this law and of which it forms an integral part, shall be set each year by ANACOM and published on its website, after calculating and publishing the administrative costs (expenses) [C (year n)] and the total amount of the relevant income of the companies covered by bracket 2 [(sum)R(index 2) (year n-1)].

5 – In the case of bodies in bracket 2 that cease to provide postal services before 30 June, the amount of the fee shall be calculated on the basis of the published contribution rate for bodies in bracket 2 in relation to the previous year’s fee settlement.

6 – The previous paragraph shall also apply where the activity of a postal service provider ceases after 30 June and the contribution rate of bodies in bracket 2 for the current year has not yet been published.

7 – The relevant income shall be calculated before the application of value added tax, where applicable, and shall not include the postal operator’s income from other activities, nor income from transactions between bodies within the same group as defined in the Companies Code.

8 – The amounts of the fees referred to in the preceding paragraphs shall become ANACOM’s revenue.

9 – The amounts of the fees referred to in paragraph 1 and the procedures for calculating the relevant income for the purpose of calculating the amount of the annual fee referred to in paragraph 4 shall be determined by administrative rule of the members of the Government responsible for finance and communications.»

Article 3
Addition of Annexes I and II to Law No 17/2012, of 26 April

Annexes I and II are hereby added to Law No 17/2012 of 26 April, as set out in the Annex to this Law, of which it forms an integral part.

Article 4
Repealing provision

Paragraphs 2 to 6 of Annex IX to Administrative Rule No 1473-B/2008, of 17 December, are hereby repealed.

Article 5
Effectiveness

This law shall apply to the annual fees to be paid in 2022 and subsequent years.

Article 6
Entry into force

This law shall enter into force on the day following its publication.

Approved on 17 March 2023.

The President of the Assembly of the Republic, Augusto Santos Silva.

Promulgated on 10 April 2023.

Let it be published.