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.

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