2023-07-19

The renewable gas production in Portugal is subject to a prior registration at the Portuguese energy authority, DGEG (Direção Geral de Energia e Geologia), according to Article 70 of Decree-Law 62/2020. This registration process must be completed through the single electronic portal for services, as mentioned in Article 6 of Decree-Law No. 92/2010, dated July 26, in its current wording.

To comply with European Renewable Energy Directive, DGEG has issued Order no. 30/2023 on July 13. This order provides guidance for obtaining a license to produce renewable-origin hydrogen in Portugal.

Applicants seeking a license for renewable energy production must now submit a declaration, committing to the following requirements:

  1. Adherence to the Renewable Energy Directive's provisions regarding the use of energy from renewable sources.
  2. Compliance with the delegated acts of the Renewable Energy Directive, which are crucial to ensuring the renewable origin of the hydrogen produced.
  3. Active monitoring of the progressive implementation of the delegated acts' requirements, ensuring prompt compliance when applicable to the specific renewable gas production facility.

In addition to the declaration, applicants must include the following documents in their application, if applicable:

Evidence of the connection between electricity production and the electrolyser.
A binding contract for the purchase of renewable energy intended for consumption in the hydrogen production process.
Necessary information that unambiguously demonstrates their adherence to the commitments made in the declaration.

These documents must be submitted before commencing renewable hydrogen production, and they are mandatory for obtaining the digital title required to establish and operate the industrial facility.

It is essential for applicants to uphold their commitments made in the declaration, as failure to do so will result in the denial of the digital title for establishing and operating the industrial facility. Furthermore, applicants will be held legally accountable for any false statements made in the declaration, facing appropriate legal consequences for non-compliance.

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