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The Portuguese Government has submitted for public consultation the legislation introducing changes to the National Electricity System (“SEN”) approved by Decree-Law No. 15/2022. that partially transposes Directive (EU) 2023/2413, of 18 October 2023 (Red III Directive).

Please find below the main topics of the new draft legislation:

• The creation of Renewable Energy Deployment Acceleration Zones (“ZAER”), aimed at simplifying and accelerating the licensing of renewable energy projects;The ZAER will be defined by the Task Force for the Licensing of Renewable Energy Projects 2030 (“EMER 30”) and the General Direction for Energy and Geology (“DGEG”), subject to public consultation and environmental assessment, excluding areas that are sensitive from an environmental, cultural, and heritage standpoint and providing for measures to mitigate possible impacts;
• The setting of maximum deadlines for licensing decisions: one year for projects in general and six months for those located in ZAERs. In the case of offshore projects, the deadlines are three and two years, respectively;
• The DGEG will now be the sole point of contact for licensing applications, with 45 days (or 30 days in ZAER) to confirm receipt and completeness of applications;
• Exemption from environmental impact assessment for certain projects located in ZAER, including power generation centers, re-equipment, storage facilities, and respective connections to the grid;
• Requirement for developers to submit a plan of measures to facilitate public acceptance as a condition of licensing;
• The preparation by EMER 30 of a National Plan for the Promotion of Knowledge and Public Acceptance of Renewable Energy, aimed at involving local communities and raising public awareness through the creation of regular channels of communication with citizens.

Finally, the project clarifies that the new rules only apply to licensing procedures initiated after the law comes into force.

All stakeholders can participate in this public consultation on the ConsultaLex platform until October 23, 2025.

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On September 30, 2025, through Order No. 71/SEAEn/2025, the Portuguese Secretary of State for Energy decided to extend by a further 12 months the deadlines established in paragraph 1 of Joint Order No. 1/SEAMB/SEENC of February 22, 2024. This extension applies to projects holding production and operation licenses issued under Decree-Law No. 15/2022, as well as to certificates of operation for generation units with an installed capacity of up to 1 MW, not already covered by Order No. 170/MAEN/2025 of May 14. According to the Portuguese Government, the measure was adopted to ensure equal treatment and legal certainty.

With the publication of the new order, the deadlines for the entry into operation of generation units have now been extended as follows:

• 52 months for projects not subject to Environmental Impact Assessment (EIA) or Environmental Incidence Analysis (AIncA);
• 55 months for projects subject to EIA or AIncA;
• 54 months for units with an installed capacity of up to 1 MW.

The sequence of ministerial orders leading to the above is already extensive. For reference:

• Order of the Portuguese Secretary of State for Environment and Energy, June 21, 2021: extension of 10 months for deadlines to obtain production and/or operation licenses (later clarified on May 20, 2022, to include the expiry period of preliminary registrations for units ≤ 1 MW);
• Order of the Director-General for Energy and Geology, July 2, 2021: extension of 10 months for the expiry of preliminary registrations for units ≤ 1 MW;
• Order of the Portuguese Secretary of State for Environment and Energy, May 20, 2022: extension of 11 months for production and/or operation licenses and 6 months for preliminary registrations and operation certificates (≤ 1 MW);
• Order of the Portuguese Secretary of State for Energy and Climate, March 17, 2023: extension of:

1. 9 months for projects not subject to EIA/AIncA;
2. 12 months for projects subject to EIA/AIncA; and
3. 6 months for preliminary registrations and operation certificates (≤ 1 MW).

• Order of the Portuguese Secretary of State for Energy and Climate, February 22, 2024: extension of 10 months for all licensing and operation certificate deadlines;
• Order of the Portuguese Minister for Environment and Energy, May 14, 2025: extension of 12 months for the same deadlines.

The Portuguese Government has stated that no further extensions will be granted, and that all granted licenses and certificates will lapse in accordance with the applicable law.

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Decree-Law No. 93/2025 establishes a new legal framework for electric mobility in Portugal and brings national legislation closer to Regulation (EU) 2023/1804 (“AFIR”), which sets targets for the deployment of alternative fuels infrastructure. This new scheme aims to make charging points more accessible for electric vehicle users, ensure effective nationwide coverage and streamline the operation of the electric mobility system, securing universal access to all charging points.

Key changes compared with the previous framework include:

• End of centralised network management – Until now, one entity managed the entire network. Service providers may now install and manage their own charging network without the need to connect to common network, while still ensuring access for all users;
• End of the role of “electricity supplier for electric mobility”, allowing charging point operators to contract electricity through the market or under a self-consumption model, and to contract with other mobility service providers.

Other key measures

• Mandatory ad hoc charging at all public charging points, allowing users to charge without a prior contract, using payment methods such as bank cards or QR codes;
• Introduction of smart and bidirectional charging, enabling energy to be fed back from vehicle batteries into the grid.;
• Extension to electric vessels, with specific rules for the installation and operation of charging points;
• Interconnection with international networks, making charging and payment abroad easier it easier to charge and pay while abroad.

On the environmental side:

• Issuance of “avoided CO?” certificates for renewable energy use, enabling users and charging point operators to trade these certificates to meet decarbonization targets.

On the information management side:

• Obligation to provide information to the new Data Aggregator for Electric Mobility, with no market activity, responsible for sending data to the National Access Point, managed by the IMT (Institute for Mobility and Transport);

On the licensing side:

• Simplified procedures with shorter deadlines, possible tacit approval, and in some cases, only prior notification;
• All procedures to be carried out online via the Single Digital Services Portal.

A transition period is established until 31 December 2026 to ensure a gradual shift from the previous model to the new framework

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DGEG, the Portuguese energy ministerial department, and APA, the Portuguese Environment Agency, published two joint orders updating the Environmental Impact Assessment (“EIA”) and Capacity Reservation Title (“TRC”) procedures for energy storage projects that were set by a previous joint order dated 14 July 2023.

These changes follow the blackout in the Iberian Peninsula on April 28, 2025, highlighting the need for energy storage to help keep the power grid stable and secure by encouraging the use of storage systems.

The first joint order, published last July 30, introduces the following changes:

• The injection capacity declaration to the Public Electricity Grid (“RESP”) is now issued directly by the grid operator, but only to start the prior evaluation or EIA request for autonomous storage projects on the SILiAmb platform. This declaration does not replace the TRC, which remains mandatory at a later stage to obtain the right to inject into the grid.
• Early-stage projects that have already paid for grid studies but do not yet have the TRC can now begin the EIA with a preliminary study or draft design.

The second joint order, of July 31, clarifies when energy storage projects are exempt from EIA and case-by-case analysis:

• For co-located storage, adding a storage facility to a project that already has a TRC and is in the same licensed area does not need a new EIA or a new Environmental Compliance Declaration (“DCAPE”) if these were already approved. The developer only needs to provide proof during post-evaluation that all conditions are met.
• For autonomous storage, projects up to 50 MW/200 MWh, or up to 20 MW/80 MWh in sensitive areas, are exempt from EIA without case-by-case analysis,

In bout cases a minimum distance of 5 meters between the storage facility and the fenced project area boundary is required.

These orders came into effect the day following their publication.

Although these are positive updates, the DGEG's Q2 2025 grid capacity report shows no significant capacity for standalone storage projects in Portugal’s electricity grid as of 30 June 2025. And, as the TRC submissions under the general access regime remain suspended for both production and storage projects, the practical impact of these new rules will be limited for autonomous storage initiatives.

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Portugal’s Energy Services Regulator, ERSE, has introduced new network access tariffs for facilities that qualify as Intensive Electricity Customers (ECE). This follows approval from the European Commission on April 24, 2025, allowing special cost reductions for these energy-intensive sites.

Under the new rules, ECE facilities can benefit from significant discounts on General Economic Interest Costs (CIEG):

• Facilities in sectors with a high risk of economic impact, as listed in Annex I of the European Commission’s 2022 guidelines on climate, environment, and energy, will receive an 85% reduction on CIEG.
• Facilities in other at-risk sectors qualify for a 75% CIEG discount. This can increase to 85% if the facility meets all of the following:

1. At least 50% of its electricity comes from renewable sources.
2. At least 10% of its consumption is secured through forward contracts or bilateral agreements.
3. At least 5% of its energy comes from renewable self-consumption.

Additionally, all energy used through self-consumption, even if supplied via the public grid, is fully exempt from CIEG.

For more details on the ECE program, visit The New Portuguese Rules for Energy Intensive Consumers on our website.

© 2025 MACEDO VITORINO

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After the European Commission having finally approved the aid plan designed by the Portuguese Government to support industries with high electricity consumption, the implementation of the Electro-Intensive Consumer Statute (“ECS”) established by Decree-Law 15/2022, is now completed with the enactment of two new regulations:

• Ministerial Order 112/2022, of March 14th, sets now the eligibility requirements for electro-intensive consumers, as well as the obligations and support measures applicable to their respective facilities; and
• Order 5975-B/2022, of May 13th, establishing that applications for adhesion to the ECS must be submitted through the DGEG portal by June 15th of each year, together with information identifying the applicant's consumption facilities. If DGEG issues a favorable decision, the draft contract for adhesion to the ECS will be made available to the applicant for signature.

ECS grants (i) a partial reduction in charges related to costs of general economic interest (CGEI) applied to electricity consumption from the public grid with discounts on this portion of the bill that can reach 85%, (ii) full exemption from the CGEI on the energy consumed from self-consumption units delivered through the public grid, (iii) access to a risk hedging mechanism (minimum 10%) of the electricity consumption from renewable sources acquired through long-term contracts, and (iv) the exemption from the proximity criteria between the self-consumption units and the consumption facilities.

The support is intended for industrial sectors such as the production of ceramics and glass, metalworking, and textiles. Companies whose annual electricity consumption exceeds 20 gigawatt hour (GWh), that have at least 40% of consumption during off-peak periods (slack and super-slack periods), and whose electro-intensity is equal to or greater than 1 kWh per euro of gross value added, based on the arithmetic average of the last three years.

To benefit from this support, companies must commit to investing at least 50% of the aid received in projects that reduce the carbon intensity of their facilities. In addition, they must ensure that at least 30% of their electricity consumption comes from renewable sources, whether through long-term contracts, self-consumption investments, or other energy sustainability initiatives.

ECS will result in annual support for companies of at least 60 million euros, according to a statement released by the Ministries of Environment and Energy and the Economy. The Portuguese Government estimates that there are 319 companies that meet the necessary conditions to receive the support.

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The Portuguese Government has taken significant steps in the development of offshore wind energy with its Dispatch No. 4752/2025, published on April 21st, establishing that the first Portuguese offshore wind tender will adopt a centralise sequential model; and setting an outline and the calendar for the commencement of competitive procedure.

The centralised sequential model consists of two main stages: the first competitive procedure for the allocation of exclusive use of maritime space, followed by a second procedure for reserving injection capacity into the electrical grid, with possible remuneration models to be defined.

DGRM (the ministerial department for natural resources), DGEG (the ministerial department for energy) and EMER (the mission structure for renewables created by the Portugues Government) must present in 60 days a detailed proposal for the implementation of this first competitive procedure including:

• Confirmation and scheduling of the stages of the first centralized sequential competitive procedure, describing the tasks to be carried out and the expected outcomes at each stage;
• Identification of the maritime zones to be included in the first tender;
• Analysis of the existing legal framework, with proposals for revisions, if necessary;
• Definition of pre-qualification criteria for companies; and
• Identification of additional work needed, including socio-economic studies, the definition of fees and tariffs, legal, consulting, and other relevant tasks.

Within 180 days from this dispatch, the three entities must submit a draft competitive procedure documentation for government approval.

This dispatch an implementation of Council of Ministers Resolution No. 19/2025, which recently approved the Portuguese Offshore Renewable Energy Allocation Plan (PAER).

Can we now expect an offshore wind tender by the end of 2025?

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The Portuguese Government has extended by one year the deadline for publishing the timeline and guidelines for public tenders for low-voltage ("LV") power distribution grid concessions.

The low-voltage grid (“LV Grid”) is operated by private entities awarded with a concession provided by the municipalities. It can also be operated directly by each municipality, but none of them is currently doing so. We note that the LV Grid operation must be carried out in exclusivity.
Originally, public tenders for LV Grid concessions were set to be launched by June 2025. However, on September 2, 2024, this schedule was revoked, and a Low Voltage Coordination Committee ("CCBT") was established.

The CCBT was supposed to propose a new schedule and publish the guidelines for these tenders by December 15, 2024, but this did not happen. With Resolution of the Council of Ministers N.º 30/2025, of 20 February, December 15, 2025, was set as new deadline for submitting the schedule proposal.

The prior qualifications requirements for the tenders were already strict with applicants needing at least 5 years of experience in operating distribution grids. In this sense, this change goes against the efforts of interested players who had been preparing to participate in the tenders in 2025.

The exiting LV Grid concessions were to expire between 2021 and 2022. Until now extensions have been granted to the concessionaires and until new tenders are completed the preexisting concessions will remain effective. At this time it is unclear if the new tenders will happen in 2025 or if stakeholders will need to wait a bit longer for their opportunity in the market.

Read our previous publications on this subject:

The Portuguese LV grid tenders
The Portuguese distribution grid: update
The Portuguese Low Voltage grid tenders postponed once again
Finally, all clear for the Portuguese LV grid tenders?
Are new tenders for low-voltage electricity distribution concessions at sight?

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Not quite yet. The program for the tenders to award the Portuguese low-voltage grid ("LV") concessions was announced today by the Portuguese Government, through its Resolution no. 27/2024. However, it refers to end of October a decision on the number of concessions.

The following dates have been set:

1. The Portuguese Energy Services Regulatory Authority ("ERSE") has until July 31st, 2024, to provide the municipalities the documentation regarding the assets allocated to the distribution grid;
2. The municipalities have until October 31st, 2024, to agree on the creation of intermunicipal concessionaires;
3. The municipalities that choose not to be part of a group of concessionaires have until October 31st, 2024, to confirm this intention, and to publish the technical studies on which this decision was based;
4. The municipalities included in a group of concessionaries have until March 31st, 2025, to make all resolutions needed to launch the public tenders; an
5. At last, the group of concessionaries representative has until June 30th, 2025, to launch the public tender procedure.

After the public debate in recent years, in which, for example, ERSE suggested dividing the continental territory into 3 concessions and the National Association of Municipalities suggested a single concession, the number of tenders and concessions will be definitively decided in October 2024, and the tenders will be launched until June 30th, 2025. We will have to wait for the results of the general elections, scheduled for March 10, to see if this program is kept by the next Portuguese government.

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The new Decree-Law 30-A/2022 published today at the Portuguese official gazette implements the measures recently announced by the Portuguese Government to accelerate the entry into operation of renewable energy production projects.

Renewable energy plants, storage facilities, and production units for self-consumption are temporarily exempted of operating license or operating certificate whenever the grid operator confirms the existence of conditions for connection to grid. The operating license or operating certificate may now be requested within three years and the DGEG (Direção Geral de Energia e Geologia) may waive the need for a previous inspection.

The installation of generating plants and self-consumption units (“UPACs”) must follow minimum technical rules, to ensure the protection of natural resources, soil, water, territory, and the preservation of biodiversity, also requiring a minimum distance of 1km from population centers.

The installation of generating plants (UPACs included) with a capacity of 20 MW or more, or wind farms with at least 10 towers, are required to submit a project proposal to involve the local population.

The injection in RESP (Rede Elétrica de Serviço Público), the Portuguese public grid, of all production from existing wind power generating plants, is now allowed without administrative limitations is allowed.

Environmental impact assessment of generating plants, storage facilities, UPACs and projects to produce hydrogen by electrolysis of water, not located in sensitive areas, is no longer mandatory when their production process is free of hazardous materials and pollution, which shall be assessed on a case-by-case basis by the licensing entity.

The new rules are immediately effective for a period of 2 years, until April 19, 2024.

In addition to the above measures, Decree-Law 30-B/2022 established incentives of up to €400,000 per company to support gas-intensive industries affected by natural gas price increases resulting from the war in Ukraine.