Satellite dish fees

Now that Malta is a member of the European Union, the government is in duty bound as much as we, the common citizens, are to comply with EU legislation.

In this context, may I point out that the licence fee that owners of satellite dishes have been compelled to pay to the Wireless Telegraphy Department (under threat of having to pay double the amount if due payment was not effected) is in violation of EU law.

EU regulations on the matter are amply clear. I am including some highly relevant excerpts from the document http://europa.eu.int/eur-lex/en/com/cnc/2001/com2001_0351en01.pdf.

Any taxation which applies only to satellite dishes as compared to other types of receivers is an obstacle to the free movement of services in the Single Market. The Commission believes that any national tax measures which specifically target the use of satellite dishes (or connections to these dishes) would be contrary to article 49 of the EC Treaty to the extent that their goal or effect is to hamper the reception of cross-border services.

Tax measures, whether regular or one-offs, which specifically burden satellite dishes are restrictions to the free movement of satellite services within the Single Market, affecting both the recipients of these services (particularly consumers) and the suppliers (operators).

With regard to proportionality, protecting the aesthetics of the urban environment in certain neighbourhoods or certain buildings - sometimes given as a reason for the tax - is a goal that should be pursued using measures that are less restrictive and not general.

Member states have an obligation to repay such a tax, levied in contravention of the Treaty: "Entitlement to the repayment of charges levied by a Member State in breach of Community law is a consequence of, and an adjunct to, the rights conferred on individuals by the Community provisions prohibiting such charges. The Member State is therefore in principle required to repay charges levied in breach of Community law."

All satellite dish owners who have had to pay the licence fee should therefore expect to receive a full refund. I hope this is done expeditiously.