A/HRC/42/47/Add.3 established threshold.” In its response to the recommendation on setting policies to reconcile affordability and sustainability, the Government noted that “[t]he existence of specific support to households who may face affordability issues, such as social tariffs or social security support to pay for essential services is the most effective way to ensure the reconciliation of these two areas.” 58. Further, some important legislation has been introduced, which seeks to promote affordability in the context of access to water and sanitation. For example, Law No. 42/2016, on the State budget, 4 modified the Water Law No. 58/2005 to specify that services must be made both sustainable and affordable.5 Furthermore, in line with the Government’s nationwide policy, Decree-Law No. 147/2017 introduces a regime to allow municipalities to automatically apply social tariffs for water and sanitation services. 6 59. The Special Rapporteur welcomes the efforts of Portugal to create legislation aimed at promoting affordability, particularly by creating conditions to allow municipalities to automatically apply social tariffs. Such measures, if properly and comprehensively implemented by municipalities, can go some way towards enhancing the affordability of water and sanitation services for the poorest people. More information is, however, needed regarding the levels of implementation of automatic social tariffs by municipalities, and whether these tariffs are applied in a timely fashion and in sufficient quantity with regard to every household’s ability to pay. He is also pleased that tariff recommendations issued by ERSAR seek to ensure providers balance affordability and sustainability, however, he is discouraged to learn that these recommendations are currently non-binding, with no information being provided as to if and when the proposed binding recommendations are due to come into force. It also remains unclear whether providers have implemented the non-binding recommendations into their financial management plans, and, accordingly, the efficacy of this enterprise to the promotion of affordability and sustainability has not been able to be determined. RECOMMENDATION 16 – GOOD PROGRESS: The Special Rapporteur congratulates the Government for introducing legislation which seeks to promote both affordability and sustainability within the water and sanitation sector. He looks forward to the Government continuing to make progress in this area and to ensure that affordability standards are continuously and accurately reviewed, and any changes to affordability are reflected within legislation. RECOMMENDATION 17 – PROGRESS ON-GOING: The Special Rapporteur regards it as positive that ERSAR has begun issuing recommendations regarding affordability and sustainability and that Portuguese national law specifically guarantees the sustainability and affordability of services. He hopes that recommendations and national law will be implemented and translated into policies for service providers so as to better reconcile affordability and financial sustainability. F. Recommendations on social tariffs RECOMMENDATION 18: “Recommend that social tariffs for water and sanitation services are made more flexible to adapt to unforeseen situations, such as financial crises, and that the definitions of large families that are eligible for the family tariff are made more appropriate.” (A/HRC/36/45/Add.1 para. 82(q)) RECOMMENDATION 19: “Urge the Water and Waste Services Regulation Authority (“ERSAR”), the Ministry of the Environment and other relevant institutions to implement and monitor the automatic application of social tariffs and to conduct further studies on the criteria for eligibility and the level of discounts to be provided by the social tariff with more careful evaluation.” (A/HRC/36/45/Add.1 para. 82(s)) 4 5 6 Lei n.º 42/2016, de 28 de dezembro, Diário da República n.º 248/2016, Série I de 2016-12-28 Ibid. article 79(1e). Decreto-Lei n.º 147/2017, de 5 de dezembro. Diário da República n.º 233/2017, Série I de 2017-1205. 15