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03 September 2018
Pursuant to the State Budget 2017 – approved by Law 42/2016, which entered into force on 1 January 2017 – the liquefied petroleum gas, petroleum-derived products and biofuels sectors, which were previously under National Fuels Market Authority supervision, are now subject to Energy Services Regulatory Entity (ERSE) supervision. This change entailed an amendment to the ERSE's statutes, which was recently approved by Decree-Law 57-A/2018 of 13 July.
The main aim of these changes is to:
Pursuant to the amended statutes, the ERSE's supervision of the above sectors includes, among other things:
A new consulting body, the Fuels Council, has been established to support the ERSE's new responsibilities. The Fuels Council is made up of several energy industry representatives and is divided into one unit focused on the petroleum-derived products and biofuels sectors and another on the liquefied petroleum gas sector.
Further, pursuant to the ERSE's new duties, all fees, contributions and regulatory taxes charged to participants in the national petroleum system will constitute a new revenue source.
Minor changes have also been made to the ERSE's consulting bodies. The Advisory Council now includes a representative of the Directorate General for Energy and Geology and the Fees Council now includes a government-appointed expert and a representative of minor energy retailers.
Finally, apart from the specific responsibilities granted to ERSE concerning the liquefied petroleum gas, petroleum-derived products and biofuels sectors, Decree-Law 57-A/2018 of 13 July 2018 also ascribed the following new duties to ERSE in the electricity and natural gas sectors:
For further information on this topic please contact Catarina Brito Ferreira at Morais Leitão Galvão Teles Soares da Silva & Associados by telephone (+351 21 381 74 57) or email (email@example.com). The Morais Leitão Galvão Teles Soares da Silva & Associados website can be accessed at www.mlgts.pt.
Tomás Moura (Secondee from Galp at Morais Leitão Galvão Teles Soares da Silva & Associados) assisted in the preparation of this update.
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Catarina Brito Ferreira