A/HRC/42/47/Add.3 household consumption that covers a family’s needs, with some municipalities setting the limit to which social tariffs are applied to as little as 5m3 per month.10 64. In response to the recommendation 19 on monitoring of automatic tariffs, the Government noted that social tariffs are being monitored by ERSAR, which “issues an opinion to the revision of tariffs for each municipal service [and] [b]y doing so, it collects data about the implementation of social tariffs by these operators.” Furthermore, the Government clarified that because social tariffs impact municipalities differently, depending upon the number of those within their jurisdiction who might qualify for them, in order to ensure financial sustainability it is not possible to implement a uniform compulsory automatic application system. However, it noted that ERSAR is currently preparing a review of the existing Recommendation (no.1/2009) which sets out the criteria which should be followed by municipalities when seeking to apply social tariffs, with a view to clarifying those criteria. 65. Issues, such as those of the Portuguese Association of Consumer Defence, highlight limitations on the flexibility of social tariffs and demonstrates that Portugal has still to do more to achieve the recommendation of the Special Rapporteur. Whilst it is positive that the Government has sought to improve the ability of those in need to access social tariffs, as well as to advance information flow between agencies and providers to allow social tariffs to be applied with more flexibility and responsiveness, it remains problematic that rules regarding these tariffs remain unclear, and that municipalities are placing inflexible limitations on access to these tariffs. Furthermore, the Special Rapporteur understands the need to balance sustainability and affordability in access to water and sanitation, however he is concerned that there has still been little progress made in defining criteria which would lead to the automatic and uniform application of social tariffs. He does though regard it as positive that ERSAR is currently seeking to create more clarity around when and how social tariffs should apply, and it is hoped that this will lead to positive change with regards to social tariff application in the near future. Accordingly, the Special Rapporteur reiterates his recommendation and urges the Government to seek ways to encourage providers to apply social tariffs with greater flexibility so as to ensure that water and sanitation services are affordable for all and urges the Government to continue to seek ways to ensure that social tariffs are automatically applied to families who meet certain pre-determined criteria. RECOMMENDATION 18 – PROGRESS ON-GOING: The Special Rapporteur appreciates the efforts which have so far been made by the Government to increase flexibility in the social tariff system. He is, however, concerned that the continued scope given to local authorities to determine social tariff needs is excluding people who should be eligible for access. He therefore calls on the Government to increase efforts to ensure social tariffs can be applied flexibly and with clarity so as to better meet the needs of people in vulnerable situations. RECOMMENDATION 19 – PROGRESS ON-GOING: The Special Rapporteur is pleased to learn that ERSAR is currently reviewing the criteria that determines when and how social tariffs apply. He looks forward to learning the outcome of this study and urges the Government to implement its findings. G. Recommendation on maximum of available resources RECOMMENDATION 20: “Conduct studies to assess whether Portugal is investing its maximum available resources to progressively realise the human rights to water and sanitation without discrimination.” (A/HRC/36/45/Add.1 para.82(t)) 66. In order to comply with its human rights obligations, the Government must invest the maximum of its available resources into the enterprise of progressively achieving the human rights to water and sanitation. In order to do so, the Government needs to specifically allocate resources to water and sanitation and, in particular, given the 10 Associação Portuguesa para a Defesa do Consumidor (DECO), “Tarifa social da água: municípios sem regras uniformes”, 19 September 2018. 17