Introduction

Energy purchase and sale agreements between producers, consumers, and traders—commonly known as Power Purchase Agreements (“PPAs”)—have been gaining importance as instruments for price stabilisation and for financing renewable energy projects. Despite their potential, the use of PPAs in Portugal remains limited compared to other European countries. The main obstacles include a lack of data on prices, volumes, and contractual conditions—which complicates risk assessment—and a lack of standardisation and legal certainty, especially regarding contracts with end consumers.

To encourage the contracting of PPAs, Decree-Law No. 99/2024 established the foundations for the new activity of bilateral energy registration and contracting. This was further detailed by Ordinance No. 367/2024/1, which creates a new OMIP registration platform, to be managed by OMIP, S.A. (“OMIP Platform”).

Registration of PPAs on the Electronic Platform becomes mandatory, allowing:

• Sellers and buyers to disclose contractual conditions for negotiation and conclusion of PPAs, facilitating the meeting of supply and demand; and
• the production of aggregated and reliable statistics, essential for market monitoring and public policy definition.

Additionally, the OMIP Platform will:

• Provide standard clauses and contract templates, making it easier to draft more balanced and secure PPAs, especially for smaller agents, who can thus join the market with greater autonomy; and
• Serve as a meeting point between renewable energy supply and demand, facilitating negotiation, transparency, and liquidity in the PPA market.

The operation of the OMIP Platform will be regulated by a Manual de Procedimentos da atividade de registo e contratação bilateral de energia elétrica (“MP PPA”), whose preliminary version was under public consultation from May 20 to June 20, 2025.

The MP PPA will come into force the day after its publication, subject to the OMIP Platform becoming operational. The platform is scheduled to go live on June 29, 2025.

THE OMIP PLATFORM

Eligible PPAs and Producers

PPAs that satisfy the following criteria must be registered on the Platform:

• Include the actual delivery of energy (i.e., bilateral, physical PPAs);
• Have a term exceeding one year; and
• Are concluded between:

1. An energy producer (or their representative/aggregator); and
2. A natural or legal person purchasing the energy under the agreement as a trader, aggregator, or end customer.

A producer is considered to be the holder of permit for:

• A power generation facility; or
• A self-consumption production unit (“UPAC”) whose surplus energy is partially or fully sold through bilateral agreements.

The following will also be construed as producers:

• Hybrid systems, where the power generation facility or UPAC combines multiple renewable sources (e.g., wind and solar);
• Independent storage units, meaning installations not directly linked to a generation site but capable of injecting power into the Public Service Electricity Network (“RESP”) on their own.

In every case, an entity is classified as a “producer” only if the licensing process requires prior allocation of injection capacity into the RESP.

The length of a PPA is defined by its initial period, or by any extension of it in cases where the initial term is one year or less.

Entity Registration on the OMIP Platform

ENTITY REGISTRATION PROCEDURE on the OMIP Platform

Producers and buyers who

• Have already signed, or plan to sign, one or more PPAs that require registration; and/or
• Plan to execute one or more PPAs through the OMIP Platform

are required to register on the OMIP Platform. This registration follows the creation of a user account, which can represent producers, buyers, or market agents.
Each registered user may associate several producers and buyers, identified through their ACER and CRIA codes. Registration is carried out via a form, which must include the following details:

1. Identification of the producer or buyer, including name or company name, address, access code to the permanent certificate, tax number, and declaration from the central register of beneficial owners;
2. Identification of the representative along with documentation proving the authority to act in that capacity;
3. Specification of the authorisations granted to the user responsible for registering the producer or buyer, for using the OMIP Platform, and proof of such authorisations;
4. Declaration, under a commitment of honour, confirming that the provided information and documents are accurate and complete.

Once the form and required documents are submitted, the registration will be pending OMIP’s validation. If all criteria are met, the registration will be finalised.

The user will then be able to view PPA offers, register agreements made by the producers or buyers they represent, and also negotiate and sign PPAs through the OMIP Platform, within the limits of the powers assigned.

Any updates to the submitted information must be reported to OMIP through the OMIP Platform within five business days.

PPA Registration on the OMIP Platform

Procedure for registering PPAs on the OMIP Platform

PPA registration must be carried out by the producer or purchaser responsible for energy scheduling, or by an authorised entity, provided they are already registered on the OMIP Platform.

A registration fee applies and must be paid within five business days of contract signing; otherwise, a higher fee will be charged. Existing PPAs must be registered within 90 days from the launch of the OMIP Platform.

To register a PPA, the following details must be provided by completing a form on the OMIP Platform:

1. Identification of the involved parties, including ACER and CRIA codes;
2. Identification of the entity responsible for submitting PPA execution schedules;
3. Current development phase of the generation facility, UPAC, or independent storage system at the time of PPA registration (licensing, construction, or operational phase).

Registration also requires details regarding the terms of electricity purchase and sale:

1. Contracted volume (which can be an estimate based on production or consumption profiles and maximum allowed generation capacity in MW);
2. Pricing details (including the pricing structure);
3. Generation technologies employed; and
4. Contract duration, specifying start and end dates.

The user submitting the registration affirms, under honour commitment, that the information is accurate and complete. Registration is finalised once the data is submitted, and the fee is paid.

Any updates or changes to the provided information, including the development status of the project, must be reported to OMIP within five business days.

Voluntary Contracting on the OMIP Platform

Disclosure of terms on the OMIP Platform

The MP PPA (as in its current draft proposal) includes a complementary activity, which involves promoting the negotiation and conclusion of PPAs through the OMIP Platform. Participation in this negotiation is voluntary, unlike registration, which is mandatory.

Thus, producers and buyers registered on the OMIP Platform may disclose contractual terms which, if accepted by a counterparty also registered on the platform, enable the conclusion of a PPA.

This disclosure may be made either directly or via a representative, and should outline the key terms considered essential by the disclosing party, including:

1. The contract structure (e.g., a fixed hourly profile, a monthly or annual baseload, or remuneration based on actual production);
2. The intended contract duration;
3. The current stage of project development;
4. Whether guarantees of origin will be transferred;
5. The primary energy source and technology employed in the project;
6. The electricity pricing model, specifying whether it is fixed, variable, or hybrid, and the methodology for its calculation;
7. Responsibility for energy dispatch and compliance with reporting obligations;
8. Responsibility for imbalance charges, as well as the provision of guarantees by both the producer and the buyer;
9. The estimated volume of electricity to be generated or consumed, and whether this is intended to be covered by a single PPA or may be split across multiple agreements.

The terms are made available on the OMIP Platform for review and negotiation among registered users via a secure, confidential messaging channel. Should the parties reach an agreement based on these published terms, they may proceed to formalise the PPA using templates and standard clauses provided by OMIP.

Negotiating and executing PPAs on the OMIP Platform

The conclusion of a PPA via the OMIP Platform starts with the completion of a form, which includes the identification of the parties involved, details of the power generation facility, the contractual terms agreed upon during negotiations, and any clauses the parties wish to incorporate into the PPA.

Once negotiations are successfully concluded on the OMIP Platform, producers and buyers can choose from standard clauses offered by OMIP, in addition to incorporating any other terms mutually agreed upon.

After the PPA draft is finalised, the parties are responsible for reviewing and confirming its content. Provided no further changes are required, the OMIP Platform will then produce the PPA for the parties to sign.

If the PPA is concluded via the OMIP Platform, the parties may request automatic contract registration, with the form pre-filled using the information submitted during the PPA execution process.

Once the PPA has been concluded, the user who posted the contractual terms on the OMIP Platform is required to withdraw them within 10 business days, regardless of whether they registered the contract themselves.

Parties may utilise the OMIP Platform to advertise their terms and identify potential interested parties for a PPA. However, they are under no obligation to negotiate or finalise the contract via the platform and may choose to conduct these processes independently.

OMIP does not have access to either the negotiations or the draft PPA created by the parties through the OMIP Platform.

Concluding a PPA via the OMIP Platform requires payment of a fee, which exempts the party from paying the standard fee associated with compulsory registration.

FEES For using the OMIP Platform

Fees for the use of the OMIP platform

OMIP levies a fee for the following services offered via the OMIP Platform:

• Registration of PPAs;
• Modification of details or documents submitted for PPA registration;
• Publication of contractual terms for the negotiation and conclusion of PPAs;
• Conclusion of PPAs through the OMIP Platform..

Payment for PPA registration and information updates is made in a single instalment. In contrast, the fee for executing PPAs via the OMIP Platform is paid in equal instalments throughout the estimated duration of the PPA, excluding the final six months.

Should the PPA terminate earlier than anticipated, any outstanding fees must be settled on the termination date.

All fees must be paid within 30 days of the invoice being issued by the OMIP Platform.

A delay in the payment of PPA registration or data amendment fees will incur a 10% surcharge. Moreover, failure to meet the payment obligation for PPA registration will block the scheduling of electricity, thus preventing its commercialisation.

The fee structure for the PPA Market (MP PPA) has yet to be established, with only the procedure for its determination and approval currently outlined. OMIP will be responsible for submitting a well-founded proposal to ERSE, detailing the applicable conditions and pricing, which will then be subject to approval by the regulatory authority.

Fees will be waived for the initial 12 months after the OMIP Platform comes into operation.

This briefing provides an introduction to the legal framework, court structure, judicial procedures, and key considerations for investors and businesses entering the Portuguese market.

The WhyPortugal2025 briefings cover civil, commercial, tax, and administrative litigation, as well as practical guidance on business setup, investment incentives, employment, taxation, intellectual property, real estate, and dispute resolution.

Introduction

An important aspect for investors when entering in Portugal is to understand how the judicial system works. Foreign clients need help in understanding the law that applies to the specific matter at hand as well as a good understanding of the procedural rules that apply in Portugal. Most foreign clients will be intrigued with the formalistic approach of Portuguese procedures.

This briefing serves as an introduction to Portuguese judicial system giving an overview of the following matters:

• the legal framework: the Portuguese code of civil procedure and the International conventions concerning legal proceedings to which Portugal is a party;
• the court system; civil and administrative courts, powers of the courts;
• the legal proceeding: the claim and the defence, the court hearings and trial, the decision and the appeal process; and
• the court fees.

Other key information concerning the most relevant aspects about doing business in Portugal is available at www.macedovitorino.com/en/Why-Portugal. In the «Why Portugal» webpage, we review the main aspects that concern businesses and individuals investing in Portugal, including:

• how to set up a business;
• forms of investment incentives and government grants available and how to apply;
• getting a Portuguese residence permit or a golden visa;
• hiring employees, employers' obligations and rules concerning the dismissal of employees; ;
• Portugal's main taxes, including among others personal and corporate income taxes, VAT and property taxes;
• intellectual property protection, software, patents, trademarks and technology;
• real estate, acquisition and lease of property and financing and tax related issues;
• dispute resolution, the judicial system and of the main steps and costs of lawsuits.

The Legal Framework

2.1. BACKGROUND

Portugal’s legal system has its roots in Roman law. The first effort to codify Portuguese law dates back to the XV century.

After the French Revolution and following the enactment of the Napoleonic Code that repealed French common law in 1804, Portugal approved its first Civil Code in 1867. Other codes were approved in the XIX century, including but not limited: the Commercial Code of 1888, the Code of Civil Procedure of 1876 and the Criminal Code of 1852.

Presently most of Portuguese civil and commercial law is either codified or set out in statutes of law. Notwithstanding, case law still plays a considerable role, as judges look to precedents for guidance and support of their decisions.

2.2. THE PORTUGUESE CODE OF CIVIL PROCEDURE AND INTERNATIONAL CONVENTIONS

The main procedural rules in what regards civil procedural in court, appeals, judgement and the enforcement of judicial and arbitral decisions were codified by the Portuguese Code of Civil Procedure (“CPC”) approved by Decree-Law 44129, of 28 December 1961 as amended from time to time.

Portugal is a party to various international Conventions, such as the Hague Conferences on Private International Law, in what regards civil and commercial matters, whether on procedural and substantial aspects. A few examples are (i) Convention of 1 March 1954 on civil procedure, (ii) Convention of 5 October 1961 abolishing the requirement of legalisation for foreign public documents, (iii) Convention of 15 November 1965 on the service abroad of judicial and extrajudicial documents in civil or commercial Matters, (iv) Convention of 1 February 1971 on the recognition and enforcement of foreign judgments in civil and commercial Matters, (v) Convention of 18 March 1970 on the taking of evidence abroad in civil or commercial matters, and (vi) Convention of 14 March 1978 on the Law Applicable to agency.

Civil Courts

The Supreme Court of Justice is the supreme court and has national jurisdiction over civil, criminal, commercial and labour disputes. The Supreme Court of Justice decides the appeals of the lower courts, knowing only matters of law.

The Courts of Appeal are second-degree civil courts whose jurisdiction extends to several districts. Appeal Courts rule on appeals of the decisions of the courts of first degree.

The courts of first degree decide civil, criminal, commercial and labour actions.

There are 23 courts of first degree in the national territory, which unfold in judgments of generic jurisdiction and specialized jurisdiction (civil centre, civil place, criminal centre, criminal place, place of small crime, criminal instruction, family and minors, work, trade and execution), depending on the matter and the value of the action.

Also included in the courts of extended territorial jurisdiction, which have specialized jurisdiction and are responsible for certain types of disputes: (i) the Courts of Execution of Penalties, (ii) the Maritime Court, located in Lisbon, (iii) the Intellectual Property Court, located in Lisbon, (iv) the Court of Competition, Regulation and Supervision, located in Santarém, and (v) the Central Court of Criminal Investigation, located in Lisbon. In the judicial system, there are also Justices of Peace, which are extrajudicial courts that adopt a simplified procedure aimed at a swift resolution of disputes.

The jurisdiction of Justices of Peace extends, especially to civil property issues whose value does not exceed €15,000.

TAX AND ADMINISTRATIVE COURTS

The resolution of issues arising from administrative and fiscal relations falls under the purview of the administrative jurisdiction.

The Administrative Courts of Circle and Tax Courts are the first-instance courts responsible for proceedings concerning administrative disputes between private individuals or companies and the State and other entities with administrative and public powers.

The Central Administrative Courts operate as the second-tier courts within the administrative jurisdiction. They have regional jurisdiction and are as follows: the Central Administrative Court South (located in Lisbon), the Central Administrative Court North (located in Porto), and the Central Administrative Court Centre (situated in Castelo Branco). Central Administrative Courts have jurisdiction to deal with the appeals of decisions of the administrative courts of the circle and the appeals of decisions of the tax courts. Exceptions are cases where, cumulatively, (i) the parties allege only questions of law, (ii) the value of the case is greater than the jurisdiction of the central administrative courts, and (iii) the amount of the loss is greater than half the jurisdiction of the court appealed against, in which case appeals against decisions on the merits handed down by Tax Courts fall within the jurisdiction of the Supreme Administrative Court.

The Supreme Administrative Court is the highest authority within the administrative and fiscal courts and is composed of two chambers: one for administrative litigation matters and the other for tax-related litigation.

POWERS OF THE COURTS

In general, courts have the power to issue decisions regarding any matter to be determined in the proceedings, which include the powers to order the payment of sums of money (in any currency), grant injunctions against the parties, order the performance of contractual obligations, order the rectification, setting aside or cancellation of deeds or other documents, declare divorces, order the division of assets caused by the death of her/his owner, etc.

Courts may also, following a request of an interested party or on their own accord:

• know exceptions that prevent the court from knowing the merits of the case or that consist of invoking facts that prevent, modify or extinguish the legal effect of the facts articulated by the author;
• declare protective orders;
• inspect things or persons in order to clarify any fact that is of interest to the decision of the case and may go to the place of the question or order reconstitution of the facts when it deems it necessary; or
• requiring a party to make an interim payment on account of the claim or to pay the costs of the process.

Judicial Procedure

6.1. THE CLAIM AND THE DEFENSE

Litigation begins when the plaintiff files a petition to the court (petição inicial), detailing what the defendant has done or failed to do that caused damage to the plaintiff, specifying the basis, factual and legal, for her/his claim against the defendant.

After being served with a plaintiff’s claim, the defendant has, in general, a 30-day deadline to respond to the plaintiff. The defence is always provided in writing in the form of a briefing addressed to the court (contestação).

6.2. THE PRELIMINARY HEARING

After the claim and defence are filed in court, the judge will schedule a «pre-trial» meeting to attempt a settlement between the parties and consider any delaying objections alleged and, if possible, the merits of the case.

If the settlement fails, the «pre-trial» meeting will serve to discuss the facts and matter of law of the case, where the judge may decide on procedural questions or immediately on the merits of the case, determine the terms of the dispute and schedule the final hearing.

6.3. THE TRIAL

The final hearing starts with the judge inviting the parties to settle their dispute. If the settlement fails, the final hearing continues with the submission of evidence, which may include the depositions of the parties, expert testimonies and the deposition of witnesses.

Within 30 days after the final hearing, the court will rule on the case.

6.4. CHALLENGING THE DECISION

Judgments of the courts may be appealed depending on the value and subject matter. Decisions in actions regarding the status of a person or in actions for allocation of the house of family dwelling are always subject to appeal.

Common reasons for challenging a court’s decision are errors in the interpretation or application of the law by the court or disregard of evidence.

Depending on the circumstances, the Court of Appeal will either confirm the ruling, reverse the ruling, or order the court of first instance to conduct a new trial.

After a ruling is given by the Court of Appeal, the parties may also appeal to the Supreme Court of Justice (recurso de revista), except in cases where the Court of Appeal confirms the decision of the Court of First Instance.

Court Fees

Judicial or procedural costs are generally equivalent to the amount spent by the public service of justice enforcement by the courts.

The Constitution of the Portuguese Republic guarantees access to the courts for all citizens, but this does not imply the gratuity of the justice services, only that the cost to pay is not so high that it considerably hinders access to justice. This does not mean, however, that the procedural costs correspond to or allow the actual costs of the proceedings to be covered.

Court costs must be paid for each legal action brought to court, the amount of which depends on the value of the case.

The ex-parte costs are the legal costs incurred by the winning party and which will be borne by the other party if the plaintiff so requests. The amounts must be itemised and contain all the essential elements relating to the proceedings and the parties.

For court cases worth more than €250,000, the cost of the case, including court fees and parties court awarded costs are approximately 1.8% of the claim value; appeals to the Court of Appeal and the Supreme Court of Justice cost another 1.8%, with the total cost of around 3.6% of the value of the claim value. If the first judicial decision is not confirmed by the appeal court(s), the unsuccessful party is responsible for all costs of the proceedings.

FOREWORD

Portuguese large electricity-consuming industries have long waited for the intensive electricity consumers’ benefits scheme (Estatuto do Cliente Eletro-Intensivo – “ECEI Rules”) established by Decree-Law No. 15/2022, the national electricity framework regulation enacted in January 2022.

Aimed at facilities with high, continuous, and predictable electricity consumption, the ECEI Rules are designed to tackle one of the main competitive challenges faced by Portuguese industry: the high cost of electricity. By lowering the final electricity prices and facilitating access to more competitive energy conditions, the ECEI Rules help align Portuguese energy costs with those of international competitors.

Key benefits of the ECEI Rules include:

• Reductions and exemptions from various charges related to the use of the national electricity grid;
• Compensation for indirect CO? costs;
• Exemption from proximity requirements between production units and self-consumption facilities.
• Access to a risk coverage mechanism that supports the execution of long-term renewable energy supply contracts.

In March 2022, Ministerial Order No. 112/2022 defined the eligibility criteria for adherence, as well as the obligations and support measures for consuming facilities covered by the ECEI Rules.

However, ECEI Rules becoming effective was contingent upon its approval by the European Commission under its State aid rules. Such approval was finally granted on 24 April 2025, thereby unlocking ECEI’s implementation.

In this new context, Ministerial Order No. 203-A/2025/1 firstly amended the ECEI Rules by adjusting the access requirements, the adhesion contract, and the respective framework of obligations and benefits.

With an annual allocation of at least 60 million euros intended for approximately 319 eligible companies, the ECEI Rules were established to be a strategic tool for the competitiveness of Portuguese industry.

Therefore, the right time has come to analyse the ECEI Rules highlighting their main implications for the Portuguese energy intensive industry.

THE BENEFITS FOR ENERGY-INTENSIVE CONSUMERS

PARTIAL REDUCTION OF COSTS

By joining the ECEI Rules, consuming installations can benefit from a partial reduction in the General Interest Costs applied to the electricity they purchase from the Portuguese Public Service Electricity Grid.

However, the resulting rate cannot fall below EUR 0.5/MWh.

• An 85% reduction of the cost applies if the installation belongs to a sector deemed to be at significant risk, as established in Annex I of the European Commission Communication 2022/C 80/01, concerning the “Guidelines on State Aid for Climate, Environmental Protection and Energy 2022”.
• A 75% reduction of the cost applies if the installation belongs to a sector at risk, pursuant to the same Annex. This reduction may be increased to 85% provided that the following cumulative requirements are met:

1. ≥ 50% of the installation’s electricity consumption originates from renewable sources; and cumulatively
2. ≥ 10% of the installation’s electricity consumption is secured through a forward contracting instrument or bilateral contract; or
3. ≥ 5% is guaranteed by self-consumption from renewable sources.

• To comply with the requirement to prove consumption from renewable sources, the corresponding guarantees of origin must be cancelled on behalf of the consuming installation.

TOTAL REDUCTION OF COSTS

 

 

Adherence to the ECEI Rules allows consumer installations to benefit, in the case of self-consumption, from:

• Full exemption from General Economic Interest Costs on the energy transmitted through the Portuguese Public Electricity Grid.
• Exemption from proximity criteria between the consumption installation and the self-consumption production unit.
• Total reduction of General Economic Interest Costs applied to the global system use tariff for the portion of self-consumed electricity from a production unit for self-consumption, when transmitted through the Portuguese Public Electricity Grid.
• Exemption from the proximity criteria between production unit for self-consumption and the location of consumption installations, which is a requirement for carrying out self-consumption production activity:

1. 4 km for medium-voltage connections
2. 10 km for high-voltage connections; and
3. 20 km for extra-high voltage connections.

If the connection occurs at the same substation, there is no distance limitation.

RISK COVERAGE MECHANISM

The risk coverage mechanism for medium and long-term renewable electricity purchases is a financial instrument aimed at:

• Shielding energy intensive consumers from electricity price volatility; and
• Encouraging renewable energy use by involving financial institutions that provide guarantees. These guarantees cover part of the contractual obligations, making it easier to enter into medium- and long-term power purchase agreements (PPAs) for renewable electricity.
• Access to a risk coverage mechanism related to the payment of the purchase price for renewable electricity on a medium and long-term basis through long-term bilateral contracts, subject to the following requirements:

1. A minimum contract duration of five years; and
2. Coverage of at least 10% of the consumer’s annual electricity consumption.

The risk coverage is provided by Mutual Guarantee Societies (“SGM”), which are supported by a counter-guarantee issued by Banco Português de Fomento, S.A., acting as the managing entity of the Mutual Counter-Guarantee Fund.

• The SGM guarantee coverage for the risk of non-payment of the agreed contract price, limited to the actual loss suffered.
• Banco Português de Fomento, S.A. assumes the liabilities arising from the obligations guaranteed by the SGM, up to a maximum of 80%.

ADHERING TO THE ENERGY-INTENSIVE CONSUMER RULES

ELIGIBITY REQUIREMENTS FOR STANDARD ADHESION

To be eligible for the ECEI Rules, a consumption facility must meet the following requirements.

• Be part of one of the sectors of activity identified in Annex I of the European Commission Communication 2022/C 80/01.
• Be connected to the Medium-Voltage, High-Voltage, or Extra-High-Voltage Electricity Grid
• Comply with the requirements established under the System for Greenhouse Gas Emission Allowance Trading or the Intensive Energy Consumption Management System, if applicable
• Meet the following requirements in at least two of the last three years.

1. Annual consumption ≥ 1 GWh, including self-consumption and system services.
2. ≥ 40% of the annual consumption during normal off-peak and super off-peak periods, net of energy from self-consumption and system services.
3.  Intensity level ≥ 1 kWh/€ of gross added value.

THE APPLICATION FOR STANDARD ADHESION

The application to benefit of the ECEI Rules must be addressed to DGEG with a set of documents and information, including:

• Identification of the applicant, the consumption facility, the sector or subsector, and the facility’s activity code;
• Copy of electricity supply contract established at the organized market, either through bilateral agreement or via a supplier in the free market;
• When applicable, evidence that the consumption facility complies with requirements of:

1. System for Greenhouse Gas Emission Allowance Trading; and
2. Intensive Energy Consumption Management System.

• Declaration of electricity consumption and proof of electricity from self-consumption and system services for the past three years;

1. If the consumer has no historical data, it may be estimated proportionally to the annual consumption.

• Audited certificate of the annual gross added value of the consumption facility for the past three years;
• Declaration confirming that it does not qualify as an “Undertaking in Difficulty” as defined by EU Regulation 2014/C 249;
• Declaration confirming that the company is not subject to any pending recovery order following state aid granted under a European Commission decision;
• Declaration that no state aid has been received for the same eligible costs or that such aid does not exceed the legal limits.

ELIGIBILITY REQUIREMENTS FOR CONDITIONAL ADHESION

Electricity consumers with consumption facilities in operation for less than three years may apply for conditional adherence to the ECEI Rules in the calendar year prior to the year in which the application is processed.

Obligation of the Energy Intensive Consumer

• The consumer is required to meet the eligibility requirements in at least two of the three years following the application for adherence.

Compliance Assessment

• Compliance will be evaluated based on actual or estimated data.

Application

• The application for conditional adhesion must contain the same documents required for standard adhesion

THE ADHESION AGREEMENT

TERMINATION OF THE ADHESION AGREEMENT

The power to terminate the adhesion agreement to the ECEI Rules falls under the authority of the Director-General of DGEG. Termination leads to the following consequences:

• Cessation of all support measures granted under the ECEI Rules; and
• Reimbursement of unpaid General Interest Costs (CIEG) during the term of the agreement. This reimbursement must be made by July 1st of the year in which the breach was identified.

The adhesion agreement shall be terminated in the following cases:

• Voluntary withdrawal;
• Cessation of activity;
• Subsequent non-compliance with eligibility requirements;
• Failure to notify changes to the agreement conditions;
• Submission of false information or the intentional provision of false statements for the purposes of entering into, renewing, or converting the adhesion agreement; and
• Facilities benefiting from the ECEI Rules must submit to DGEG, by April 30 of each calendar year during the term of the agreement — including the calendar year following its expiry — evidence of continued compliance with the eligibility requirements, by providing the relevant supporting documentation.

THE OBLIGATIONS OF ENERGY-INTENSIVE CONSUMERS

ENERGY AUDITS AND ENERGY MANAGEMENT SYSTEMS

The new ECEI Rules aim to ensure transparency and accountability in the use of public benefits, while simultaneously promoting continuous improvement in the energy performance of facilities and the adoption of sustainable and efficient practices within the energy-intensive sector.

Facilities that benefit from the ECEI Rules and are not part of the Energy Consumption Management System must carry out an energy audit by certified professionals by the end of the first calendar year of the agreement.

For conditional adhesion agreements, the audit must be done by the end of the second calendar year after the year the facility started operating.

In addition, they must carry out at least one of the following actions:

• Implement all energy efficiency measures identified in the energy audit report that have a payback period of 3 years or less;
• Invest at least 50% of the support received in projects that reduce greenhouse gas emissions at the facility; or
• Ensure that at least 30% of their electricity consumption comes from renewable sources, through self-consumption, guarantees of origin, bilateral contracts, or other equivalent mechanisms.

FINAL IMPLEMENTATION REPORT

The energy intensive consumers must submit a Final Implementation Report by April 30 of the calendar year following the term of the adhesion agreement to ECEI Rules.

The Final Implementation Report must include:

• An analysis of the evolution of eligibility requirements;
• The energy audit report;
• Proof of compliance with at least one of the mandatory actions (energy efficiency, emissions reduction, or use of renewable energy);
• Evidence of the installation and operation of monitoring, recording, and control systems;
• Proof of installation, certification, and audit of the energy management system.

TRANSITIONAL RULES - ADAPTATION OF ADHESION AGREEMENTS CURRENTLY IN FORCE

TRANSITIONAL RULES

The adhesion agreements to the ECEI prior to the new ECEI Rules did not benefit from the cost-reduction measures and the risk-coverage mechanism, as these only came into effect following the European Commission’s approval under State aid rules on 24 April 2025.

Electricity consumers with valid agreements for the year 2025 are required to align their contracts with the newly established rules to benefit from the cost-reduction measures and risk coverage mechanism.
According to Explanatory Note No. 2/DG/2025 of DGEG, electricity consumers had the opportunity of filing a conversion request at DGEG through the Energy Intensive Consumer Portal by May 31, 2025.

To avoid termination of their ECEI status, those who failed to submit the conversion request can still file a renewal request until June 15, 2025, following the adhesion process described above in this paper.

The purpose of this briefing is to review the various government incentives available in Portugal, which include grants under Portugal 2030 and the «Recovery and Resilience Plan» (Plano de Resiliência e Recuperação, PRR), both backed by the European Union, and incentives under the tax code that are currently accessible to both international and local investors.

Other information concerning Portugal, such as the setting of a business, employment, taxation, intellectual property protection, real estate, and the judicial system can be found at www.macedovitorino.com/en/Why-Portugal.

OVERVIEW

The government plans to invest in 85 infrastructure projects, with €22,200 million in the transportation sector, mainly in upgrading or building new railroads and subway infrastructure, €13,060 million in renewable energy, and €7,418 million in environment-related investments. In 2023, new public funds totalling 400 million euros were established, mostly to invest in start-ups.

Government incentive mechanisms include financial incentives, repayable or non-refundable, tax benefits and co-financing. Exceptional subsidies may also be granted, such as reimbursement of employers’ costs with the training of employees.

The following are the main incentive schemes now available to national and foreign investors:

• Incentives granted under the «Portugal 2030» programme covering the period from 2021 to 2027;
• Incentives granted under the «Recovery and Resilience Plan» (Plano de Resiliência e Recuperação, PRR) that extend from 2021 to 2026;
• Tax incentives granted under the Tax Investment Code (Código Fiscal do Investimento); and
• Incentive programmes designed for specific situations, such as creating jobs, which may include temporary reductions of the employer’s social security contributions, financial support for hiring young people, unemployed, etc. and co-funding of training costs.

PORTUGAL 2030

«Portugal 2030» is an investment program amounting to 23 billion euros, which implements the Partnership Agreement signed between Portugal and the EU on 14 July 2022.
The main goals of this program are as follows:

• To improve innovation, technological development, and competitiveness in Portugal;
• To address the goals outlined in the Paris Agreement by investing in the green transition, renewable energy, and the fight against climate change and global warming;
• To enhance the public transportation network;
• To promote better education, employment, social inclusion, and equality in access to public healthcare; and
• To implement development strategies with local governments and create "green" cities.

These goals align with the four agendas of the 2030 Strategy:

• People First: Aiming for a better demographic balance, greater inclusion, and reduced inequality;
• Digitalization, innovation, and qualification;
• Climate transition and sustainability of resources; and
• Enhancing Portugal's international competitiveness and promoting social cohesion.

«Portugal 2030» is structured into twelve programs, which were approved in December 2022:

• Five regional programs corresponding to Intercity Communities and Metropolitan Areas (NUTS II), including separate ones for the Azores and Madeira;
• Four programs covering demographics, skills and inclusion, innovation and digital transition, climate action and sustainability, and the sea; and
• Programs for European Territorial Cooperation.

The aim of Portugal 2030 is to achieve measurable results. For a project to be approved, beneficiaries must commit to financial execution and achieve the agreed-upon results. Progress is subject to audits and monitoring.

As of mid-2024, Portugal 2030 allocated 35.7% of its available funds, approving 2,092 projects and issuing 554 calls for proposals. By 31 July, €8,209 billion out of a total €22,995 billion had been either awarded or were pending tenders. The program funding sources include the European Regional Development Fund (ERDF) with 42%, the European Social Fund+ (ESF+) with 37%, and the Cohesion Fund with 17%. To date, 255 tenders have been closed, releasing over €4 billion in funding. 2,092 projects have been approved, with €2,381 billion in funds awarded and €715 million already executed. By the end of July 2024, Portugal 2030 had issued 554 calls for proposals, with €8,209 billion available for public tenders.

From September to December 2024, the release of 249 funding calls is planned, with a total budget of €2.6 billion. The announced priorities include calls focused on the Business Research, Development, and Innovation System (RDI), the expansion of the Porto metro, and funding for Professional Training Programs, among others.

You may learn more about Portugal 2030 at www.Portugal2030.pt.

RECOVERY AND RESILIENCE PLAN (PRR)

The «Recovery and Resilience Plan» is a program approved by the European Commission for implementation in Portugal. It aims to restore sustainable economic growth and strengthen European convergence over the next decade. The PRR is funded by the European Union's "NextGenerationEU" initiative, with a total investment of €16,644 million covering the period from 2021 to 2026: €13,944 million in grants (84% of the total) and €2,700 million in loans (16%).

The main objectives of the PRR are:

• Resilience (61% of the PRR): This portion will be used to enhance economic recovery and improve the capacity to respond to future crises and challenges. It focuses on social, economic, and productive sectors and territorial resilience.
• Climate transition (21% of the PRR): This part aims to promote more sustainable resource use, boost renewable energy production, and support the decarbonization of the economy and society.
• Digital transition (18% of the PRR): This portion focuses on promoting digital inclusion through education and training in digital skills and facilitating the digital transformation of businesses and government operations.

These three key areas are implemented through 20 components, 37 reforms, and 83 investments, using a result-oriented approach based on milestones and targets.

Applications for PRR grants and loans are submitted via an online platform called "Recuperar Portugal," which simplifies the process. Implementing PRR measures or investments will be formalized through contracts between the Mission Unit "Recuperar Portugal" and direct or intermediary beneficiaries.

PIN PROJECTS

The Project Recognition and Monitoring System is a monitoring mechanism for projects recognised as having potential national interest (Potencial Interesse Nacional, PIN).

The PIN recognition system does not constitute a fund allocation program per se but a monitoring program for the applications and execution of the investment projects that benefit from or are intended to benefit from the incentives.

For projects to be recognised as PIN’s, they must meet the following cumulative requirements:

• Represent an overall investment of €25 million or more;
• Create 50 or more direct jobs; and
• Be presented by reputable and reliable sponsors.

Exceptionally, projects that meet two of the following criteria may be recognised as PIN, even if they do not meet the first two requirements described above:

• Internal Research and Development (R&D) activity of at least 10% of the company's turnover;
• A significant part of the company’s business is related to its patents;
• Demonstrable interest in environmental compliance: this may be made by the adoption of internal measures to reduce its carbon footprint or other environmental burdens, the production of recyclable/green products, etc.;
• The company must have a minimum of 50% of its turnover originated from international markets; or
• Production of outstanding tradable goods and services.

To operationalise this system, the government created a support commission for investors (Comissão Permanente de Apoio ao Investidor, CPAI).

The project developer must file an application that fulfils the requirements for PIN recognition according to a model previously approved by the CPAI.

The recognition of the project as a PIN must take place in a maximum of 30 days, counting from the reception date of the application.

A process manager responsible for monitoring the administrative procedures is assigned for the projects recognised as PIN.

When a project is recognised as a PIN it will have a priority in the licensing procedures. PIN projects also benefit from a special administrative procedure, which involves:

• Simultaneous processing of the central government’s administrative procedures;
• Reduction and simultaneous completion of the internal procedures determined by the administrative authorities that are responsible for issuing the necessary licenses;
• A single period to consult the relevant administrative procedures;
• Simplification of the procedures related to the zoning plan instruments relevant to the project;
• Tacit positive reports and tacit deferral under the various applicable procedures; and
• Simplification of procedures to obtain construction permits.

TAX INVESTMENT CODE

The investment projects that engage in certain activities may, until 31 December 2027, benefit from tax incentives for up to ten years starting from the completion of the investment project, provided that the amount invested is equal to or greater than €3 million. Such projects regard, among others, (i) extractive and manufacturing industry activities, (ii) tourism, (iii) agricultural and forestry activities, (iv) defence, environment and energy, or (v) research activities.

The tax benefits may include:

• Tax credits;
• Reduction of or exemption from real estate taxes, such as IMI (Imposto Municipal sobre Imóveis), during the term of the agreement, regarding the buildings used by the project developer when executing the project; and
• Exemption from stamp duty regarding all acts or contracts required to carry out the project.

In addition to these tax benefits, municipalities may grant total or partial exemptions from IMI or IMT (Imposto Municipal sobre as Transmissões Onerosas de Imóveis) for specific investments made in the Municipality.

Projects that demonstrate technical, economic, and financial viability, provide for the creation or maintenance of jobs, and meet at least one of the following conditions may qualify for contractually defined fiscal benefits granted to productive investments:

• Contribute to the strategic development of the national economy;
• Significantly reduce regional disparities; and
• Promote technological innovation, advance national scientific research, enhance environmental sustainability, or improve competitiveness and productivity.

To access these benefits, the investor must submit an electronic application to one of the State investment agencies, AICEP or IAPMEI.

Investment incentives may be revoked under the following circumstances:

• If the project developer fails to meet contractually defined obligations;
• If the project developer does not comply with tax obligations; or
• If the project developer provides false information or presents manipulated data during project presentation, evaluation, or monitoring.

If the contract is terminated, the project will lose its tax benefits, and the developer will be required to repay the uncollected tax revenue plus interest.

Tax incentives for business research and development (R&D) may also be granted. Corporate income tax taxpayers residing in Portugal who engage in agricultural, industrial, commercial, or service activities, or non-residents with a permanent establishment in Portugal, can deduct R&D expenses from their corporate income tax, provided these expenses are not co-funded by the State through non-refundable grants. These deductions apply to taxation periods between 1 January 2014 and 31 December 2025.

To qualify for these tax deductions, investors must meet the following conditions:

• The taxable profit must not be determined by indirect methods; and
• The applicant must not have any outstanding tax liabilities or unpaid Social Security contributions.

Investment incentives may take one of the following forms:

• A contract between the State and the investor, known as contractual incentives;
• Autonomous incentives, which apply to specific protected situations; or
• Incentives granted through State-funded programs.

ABOUT PORTUGAL

TERRITORY, POPULATION AND LANGUAGE

Portugal is situated on the southwest coast of Europe, bordering only with Spain. With a territory of 92,152 Km2, Portugal has the largest maritime zone in Europe. Its continental platform borders the American platform.

Portugal has an 800-year history, and its European borders have been established for over 500 years. Because of this, the country has a homogeneous population, sharing similar values despite slight regional differences.

Portuguese is the sixth most spoken language in the world, spoken by 270 million people in Portugal, Brazil, Angola, Cape Verde, Mozambique, Guinea Bissau, São Tomé and Príncipe and Timor.

POLITICAL SYSTEM

Portugal is a parliamentary republic. The legislative power lies with a national parliament (Assembleia da República), with 230 seats. The members of parliament are elected by universal vote for four-year terms.

The Government depends on the parliament’s support, which has the power to overthrow it. The cabinet of ministers is led by a Prime Minister, who holds the executive power.
The President of the Republic has limited powers but has the power to influence the Parliament’s and the Government’s decisions and dissolve the Parliament in extraordinary circumstances.

INTERNATIONAL RELATIONS

Portugal has been a member of the EU since 1986, a founding member of the Euro and the Portuguese-speaking Countries Community (Comunidade dos Países de Língua Portuguesa, CPLP), which groups all Portuguese-speaking countries. Portugal is a member of the United Nations, NATO and the OECD.

CURRENCY AND BANKING SYSTEM

Portugal is one of the founding members of the «Euro», the currency of 20 European countries. The Euro is the second most traded currency in the World after the US Dollar. The currency symbol is «€». The Euro circulates with seven banknotes and eight different coins: banknotes of 500, 200, 100, 50, 20, 10, and five euros, and coins of two and one euro and 50, 20, 10, five, two and one cent.

The Bank of Portugal (Banco de Portugal, BdP) is the central monetary authority that oversees the banking system and is a member of the European System of Central Banks (ESCB).

Key Provisions of the “Stop-the-Clock” Directive

CSRD Delays

The CSRD mandates sustainability reporting for a wide range of companies, categorized into waves based on size and listing status.

The “Stop-the-Clock” Directive introduces the following modifications:

• Wave 1 Companies: No delays apply. Wave 1 companies (large public-interest entities with over 500 employees) must report in 2025 for the 2024 financial year.
• Wave 2 Companies: Large undertakings (non-public interest entities with over 250 employees, €50 million turnover, or €25 million in assets) originally required to report in 2026 for the 2025 financial year will now report in 2028 for the 2027 financial year.
• Wave 3 Companies: Listed small and medium-sized enterprises (SMEs), small and non-complex credit institutions, and captive insurance entities, initially due to report in 2027 for the 2026 financial year, will now report in 2029 for the 2028 financial year.
• Wave 4 Companies: No delays apply. Wave 4 (certain non-EU undertakings) must report in 2029 for the 2028 financial year.

CSDDD Delays

The CSDDD imposes due diligence obligations to address human rights and environmental impacts in corporate value chains.

The directive delays:

• Transposition Deadline: Member States now have until July 26, 2027, instead of 2026, to transpose the CSDDD into national law.
• First Phase Application: The largest companies (EU companies with over 5,000 employees and €1.5 billion turnover, or non-EU companies with equivalent EU turnover) will comply from July 26, 2028, instead of July 2027. Second-wave companies (EU companies with over 3,000 employees and €900 million turnover) maintain their original compliance deadline of July 26, 2028.

Entry into force and transposition

The “Stop-the-Clock Directive” entered into force on April 17, 2025, the day after its publication in the Official Journal. EU Member States must transpose it into national law by December 31, 2025, ensuring alignment with the delayed timelines.

CSRD Wave companies

The CSRD categorizes companies into different “waves” based on their size, listing status, and other criteria, determining when they must start complying with sustainability reporting requirements using the European Sustainability Reporting Standards (ESRS). Below is a clear distinction between Wave 1, Wave 2, Wave 3, and Wave 4 companies.

Wave 1: Large Public-Interest Entities (PIEs)

Definition:

• Companies classified as public-interest entities (e.g., listed companies, credit institutions, insurance companies) with more than 500 employees.
• Includes entities already subject to the Non-Financial Reporting Directive (NFRD).

Scope:

• Large EU companies or groups meeting the PIE criteria.

Key Obligations:

• Prepare sustainability reports per ESRS, including double materiality assessments, covering environmental, social, and governance data.

• Reports must be included in the management report and digitally tagged for inclusion in the European Single Access Point (ESAP).

Wave 2: Other Large Undertakings

Definition: large companies (or parent companies of large groups) that are not public-interest entities and meet at least two of the following criteria:

• More than 250 employees (average over the financial year).
• €50 million net turnover.
• €25 million total assets.

Scope: Non-listed large companies, including subsidiaries of non-EU companies meeting the thresholds.

Key Obligations: same ESRS reporting requirements as Wave 1, but with additional time to prepare data collection systems and processes due to the delay.

Wave 3: Listed SMEs and Other Small Entities

Definition:

• Listed small and medium-sized enterprises (SMEs) on EU-regulated markets, excluding micro-undertakings (fewer than 10 employees and €0.7 million turnover or €0.35 million assets).
• Small and non-complex credit institutions (as defined by EU banking regulations).
• Captive insurance undertakings (insurance entities serving a parent group).

Scope:

• Smaller listed entities subject to lighter, proportionate ESRS requirements (simplified SME standards).
• Option to opt out of reporting until 2028 (originally 2026), with a statement explaining the decision.

Key Obligations:

• Use simplified ESRS tailored for SMEs, with reduced disclosure requirements.
• Prepare for potential stakeholder pressure to report voluntarily despite the delay.

Wave 4: Non-EU Undertakings

Definition: Non-EU companies with major EU operations, defined as:

• Generating €150 million annual net turnover in the EU for each of the last two financial years, and
• Having at least one EU subsidiary (large or listed SME) or a branch with €40 million net turnover in the EU.

Scope: Non-EU parent companies reporting at a consolidated group level through an EU subsidiary or branch.

Key Obligations:

• Report sustainability information for the entire group using ESRS or equivalent standards (if accepted by the EU).
• Ensure EU subsidiaries or branches are equipped to handle group-level

IMPACT ON BUSINESSES

Immediate Relief for Wave 2 and Wave 3 Companies

Companies in Wave 2 and Wave 3 benefit from a two-year reprieve, allowing additional time to prepare for CSRD compliance.

This is particularly advantageous for companies that were in the early stages of developing reporting frameworks, as it reduces immediate compliance costs and resource allocation. However, companies advanced in their preparations may choose to voluntarily report to maintain stakeholder trust and competitive positioning.

Extended Preparation for CSDDD Compliance

The one-year delay in CSDDD transposition and application provides large companies with extra time to establish due diligence processes, particularly for complex global supply chains. This delay mitigates the risk of rushed implementation, which could lead to non-compliance or inefficiencies.

Ongoing Obligations for Wave 1 and Non-EU Firms

Wave 1 companies and non-EU undertakings (Wave 4) face unchanged timelines, requiring immediate focus on compliance. For Wave 1, this means finalizing 2024 sustainability reports for 2025 submission. Non-EU companies must prepare for 2028 reporting, ensuring EU subsidiaries are equipped to handle group-level disclosures.

Uncertainty Pending Substantive Amendments

 The “Stop-the-Clock” Directive is a temporary measure, with substantive changes to the CSRD and CSDDD proposed in the Omnibus I Package’s “Content Directive.”

These changes, potentially reducing the scope of reporting companies by 80% and simplifying European Sustainability Reporting Standards (ESRS), are under negotiation, with a possible vote by July or October 2025. This creates uncertainty, as some companies currently in scope may be excluded, affecting long-term compliance strategies.

STRATEGIC RECOMMENDATIONS

1. Assess Your Company’s Status

• Determine Your Wave: Confirm whether your company falls under Wave 1, 2, 3, or 4 of the CSRD, and assess CSDDD applicability based on employee count and turnover thresholds.
• Evaluate Preparation Stage: Review existing sustainability reporting and due diligence frameworks to gauge readiness and identify gaps.

2. Leverage the Delay Strategically

• Wave 2 and Wave 3 Companies: Use the two-year delay to refine data collection systems, train staff, and align with ESRS requirements. Consider voluntary reporting to enhance transparency and stakeholder engagement.
• CSDDD First-Wave Companies: Develop robust due diligence processes, focusing on high-risk supply chain areas, to ensure compliance by July 2028.
• Wave 1 and Wave 4 Companies: Prioritize immediate compliance, ensuring 2024 reports (Wave 1) or 2028 preparations (Wave 4) meet current standards.

 3. Monitor Ongoing Legislative Developments

• Monitor Ongoing Legislative Developments
• Track Content Directive Negotiations: Stay informed on the Omnibus I Package’s substantive amendments, as changes to company thresholds or ESRS data points could alter compliance obligations.
• Engage with EFRAG Updates: The European Financial Reporting Advisory Group (EFRAG) is revising ESRS by October 31, 2025. Monitor these revisions to anticipate simplified reporting requirements.

4. Mitigate Risks Avoid Over-Reliance on Delays

• Continue compliance preparations, as national laws may vary, and some Member States may enforce stricter timelines.
• Consult ESG Legal Experts: Engage professionals to navigate the evolving regulatory landscape and ensure alignment with both current and proposed rules.

Conclusion: Turn Delay Into Advantage

The “Stop-the-Clock” Directive offers significant relief for many EU and non-EU companies by delaying CSRD and CSDDD obligations, providing breathing room to adapt to complex sustainability requirements.

The "Stop-the-Clock" Directive marks a significant moment in the EU’s journey toward sustainable governance, reflecting a pragmatic approach to balancing ambitious environmental and social goals with the practical realities faced by businesses operating in a competitive global market.

By granting a temporary reprieve from certain CSRD and CSDDD obligations, this directive not only alleviates immediate pressures but also underscores the EU’s responsiveness to stakeholder concerns, fostering a regulatory environment that prioritizes both sustainability and economic resilience.

However, unchanged timelines for Wave 1 and Wave 4 companies and the potential for substantive changes in the Omnibus I Package necessitate proactive planning.

By assessing their company’s status, leveraging the delay strategically, and staying informed on legislative developments, businesses can ensure compliance, strengthen resilience, and gain a lasting competitive edge in a rapidly evolving regulatory landscape.

 

The companies in the Portuguese Public Business Sector (''SBS'') are subject to a set of specific legal provisions that apply to them, based on their nature.

Although some of them are subject to certain specific provisions, which do not apply to all, the majority are subject to a set of labour regulations that impact their daily operations, particularly in relation to the following topics:

1. Hiring of employees.
2. Remuneration adjustments.
3. Replacement of employees.
4. Labour regime applicable to employees.
5. Regime applicable to subsistence and travel allowances, as well as remuneration for overtime work.
6. Public interest secondment or assignment (?).
7. Commission of service; and
8. Management contracts.

Firstly, it is essential to consider their compliance with the State Budget Law (“SBL”) and the State Budget Execution Decree-Law (“SBDL”), given their objectives of advancing the public interest and ensuring the proper management of public funds. Accordingly, companies should review and update themselves annually on the provisions of these legislative acts.

Therefore, consideration must be given to their compliance with the SBL and the SBEDL in view of their objectives related to the pursuit of the public interest and the effective management of public resources. Consequently, each year, the companies are required to consult and remain informed about the provisions of each of these regulations.

Currently, Law No. 45-A/2024 of 31 December (“SBL 2025”) and Decree-Law No. 13-A/2025 of 10 March, which sets out the rules for the execution of the State Budget for 2025 (“SBDL 2025”), are in force.

Considering their legal nature, companies within the Public Business Sector (“PBS”) are also subject to the legal Regime of the Public Business Sector (“RPBS”), as established by Decree-Law No. 133/2013 of 3 October, in its current version, as well as Decree-Law No. 71/2007 of 27 March, which enacted the Public Manager Statute (“PMS”).

In this Study, we present the main labour regulations currently in force, which does not exempt the consultation of the relevant statutes.

1. HIRING OF EMPLOYEES

Regarding the hiring of employees, it is important to consider the provisions of Article 43 of the SBL 2025 and Article 138 of the SBEDL 2025, with particular emphasis on the following points:

(i) The recruitment of new employees, whether on a fixed-term or indefinite-term, as well the conversion f fixed-term contracts into indefinite-term contracts, may only be carried out with express authorization of the act in the activity and budget plan.

(ii) The conclusion of public interest assignment agreements with employees from entities covered by the scope of the General Labour Law in Public Functions can only be done with express authorization in the activity plan and budget.

(iii) The acts can only be carried out if they are provided for in the activity plan and budget, including a cost-benefit analysis.

(iv) At the time of recruitment, the following requirements must be met:

• The annual and multi-annual budget proposal must include the costs arising from recruitment, showing the impact in the year of hiring and the respective three-year period, identifying the remuneration amount of the employees to be hired, with reference to the base of the respective career and professional category provided for in a collective labour regulation instrument or internal regulation, which must ensure the absence of discriminatory practices in terms of remuneration;
• The existence of budget allocation for staff expenses.
• Recruitment must be considered essential, with a view to pursuing the responsibilities and fulfilling the public service obligations of the respective entity.
• Full and punctual compliance with the information duties set forth in Law No. 104/2019, of 6 September; and
• Compliance with all other applicable legal requirements.

(v) Proof of compliance with the above-mentioned requirements must be submitted to PBSIS – Public Business Sector Information System.

(vi)Any other recruitment situations must be authorized by the member of the Portuguese Government responsible for the area of finance, following a favourable dispatch from the member of the Government responsible for the respective sectoral area.

(vii) The situations referred to in the previous point should only be requested following a cost-benefit analysis and based on the existence of relevant public interest, considering the shortage of human resources and their overall evolution, as well as the Annual Operations Plan (“AOP”) being approved or submitted for approval in accordance with the issued instructions and having already been subject to a favourable opinion from the supervisory body.

(viii) Recruitment processes initiated in 2024, and related to recruitment authorizations of 2024, must remain in progress if it is intended that such authorizations remain valid.

2. REMUNERATION INCREASES

With respect to remuneration increases, it is important to highlight the framework established in Article 132 of the SBDL 2025, which states that:

(i) The mechanisms for valuing employee’s remuneration and developing careers must be included in instruments that provide mechanisms for valuing employee’s remuneration and developing careers.

(ii) The mechanisms referred to in (i) must be based on predefined objective criteria for performance evaluation, ensuring differentiation based on merit.

(iii) The outcome result of implementing the valuing mechanisms must be reflected in quarterly reports, grounded in, and demonstrating the degree of achievement of the objectives set out in the activity and budget plan, which should include the investment plan and its respective sources of financing.

(iv) The quarterly reports must specify the level of execution of the company, as well as the financial operations contracted.

(v) The execution of any act or legal transaction that results in actual or contingent financial liabilities for the company exceeding the annual budget, or that does not arise from the investment plan approved by the shareholder function holder, can only be carried out upon request and obtaining authorization from the shareholder function holder for its execution.

Additionally, under Article 133 of the SBDL 2025, the following points regarding “other remuneration adjustment”' are highlighted:

(i) Adjustment in remuneration positioning made by managerial discretion can only be done for up to 5% of the total workforce and up to the limit of one remuneration position.

(ii) The awarding of performance bonuses can only be done up to the amount equivalent to the employees monthly base remuneration, or up to that amount if the maximum set charges for that universe are not sufficient.

(iii) The adjustments referred to in points (i) and (ii) can only comply with the legally stipulated requirements and in accordance with the budgetary allocations provided for this purpose and within the initially approved appropriation.

3. CONTROL OF OPERATION EXPENSES

Regarding the control of operational expenses that must be considered by companies in the Public Business Sector, Article 52 of the SBL 2025 and Article 140 of the SBDL 2025 are particularly relevant,
The following points are highlighted:

(i) The definition of a policy for optimizing operational expenses must promote budgetary balance.

(ii) The ratio of operational expenses to turnover, excluding any extraordinary impact arising from compliance with legal provisions, must be properly substantiated and not exceed the ratio observed in 2024.

(iii) Operational expenses must be equal to or less than the amount recorded in 2024. For personnel expenses, those related to social bodies must be excluded, corrected for the impacts of compliance with legal provisions, explicit guidelines from the Public shareholder regarding the implementation of the tripartite agreement 2025-2028 on remuneration enhancement and economic growth, signed on October 1, 2024, mandatory remuneration improvements as stipulated in the State Budget Law, as well as the effect of absenteeism and severance payments, except in cases of mutual agreement terminations.

4. REPLACEMENT OF EMPLOYEES

The companies in the Public Business Sector must, in relation to the replacement of employees, consider the provisions of Article 139 of the SBDL 2025 and act in accordance with the following:

(i) The conclusion of permanent employment contracts/public interest assignment agreements with employees from entities covered by the scope of the General Law on Public Employment (“GLPE”), for replacement, for the same or a different function identified as a priority, of employees who terminate their employment relationship and perform tasks corresponding to permanent needs, must be properly justified. Regarding the remuneration of the employee to be hired, it must comply with the following requirements:

• To correspond to the base remuneration of the respective career and professional category as outlined in the applicable collective labour agreement or internal regulations, or, in the absence of an applicable career regulation, to correspond to the lowest base remuneration previously paid within the company for the performance of the same professional category; or
• Represent an annualized cost equal to or less than the annualized cost of the replaced employee.

(ii) The conclusion of the contracts/agreements referred to in the previous point falls within the competence of the highest management body of the Public Business Sector Company.

(iii) The Conclusion of fixed-term employment contracts or public interest assignment agreements with employees covered by the scope of the GLPE, for replacement, for the same function, of employees who suspend their employment relationship must correspond to a duration limited to the maximum duration of the suspension of the employment relationship of the employee to be replaced, and with respect to the remuneration of the employee, it must:

• Correspond to the base remuneration of the respective career and professional category as provided in the instrument of collective labour regulation or internal regulations, or, when there is no applicable career regulation exists, correspond to the lowest base remuneration previously paid in the company for the same professional category; or
• Represent an annualized cost equal to or less than the annualized cost of the replaced employee.

(iv) The conclusion of fixed-term employment contracts for the replacement of employees holding permanent contracts, for the same function, who are absent, namely due to illness or parental leave, falls within the competence of the highest management body of the company, and the remuneration of the employees must:

• Correspond to the base of the respective career and professional category provided for in a collective labour regulation instrument or internal regulation, or, when there is no applicable career regulation, correspond to the lowest base remuneration that was being paid in the company for the exercise of the same professional category; or
• Represent an annualized cost equal to or less than the annualized cost of the replaced employee.

(v) The replacement of employees must not result in an increase in the overall staffing level of the company, nor in personnel expenses compared to the previous year, and must be fulfilled at the time of recruitment.

(vi) The conclusion of employment contracts for replacement must be communicated to the Directorate-General for Treasury and Finance (“DGTF”), through PBSIS or Human and Financial Resources Information System (“HFRIS”), as applicable, within a maximum period of 10 working days from the effective date of the respective contract.

(vii) Any early recruitment for the replacement of employees who cease functions in the year to which the AOP refers must comply with the limit of 5% of the number of employees in the category, rounded up, provided it is foreseen in the human resources planning that is part of the AOP.

5. LABOUR RULES

Regarding the rules to be applied to employees, particularly concerning meal allowances, travel expenses, night-time work, and overtime work, it is important to refer to Articles 17 and 18 of the GLPE, the following should be highlighted:
(i) Application of the individual employment contract regime.

(ii) Application of the regime provided for public sector employees concerning the meal allowance

(iii) Application of the regime provided for public sector employees concerning travel allowances and transportation for travel within Portuguese territory and abroad, due to holders of administrative or management bodies.

(iv) Application to employees of the regime provided for the remuneration of overtime work performed by public sector employees, in accordance with the Regime of Public Employment Contracts, approved by Law No. 59/2008, of September 11.

(v) Application to employees of the regime provided for the remuneration of night-time work performed by public sector employees, in accordance with the Regime of Public Employment Contracts, approved by Law No. 59/2008, of September 11.

(vi) The entering into of public interest assignments with employees holding a public employment relationship must be carried out in accordance with the terms of the Law on Employment Relationships, Careers, and Remuneration, approved by Law No. 12-A/2008, of February 27, as set forth in Article 19 of the Regime of the Public Business Sector (“RPBS”).

Regarding the execution of any service commissions, it is important to note that, under Article 20 of the RPBS, they must be carried out:

(i) In respect of the rights inherent to the professional status of employees in the company, including retirement and survivor benefits, considering the entire period of the commission as service provided to the original company.

(ii) Ensuring that the employees covered by the point can opt for their original base remuneration.

6. OTHER OBLIGATIONS ARISING FROM THE REGIME OF THE PUBLIC BUSINESS SECTOR

Under the terms of articles 24, 25, 43 to 53 of the RPBS, the following obligations of SB companies stand out:

(i) Compliance with the strategic guidelines defined by the State shareholder.

(ii) Ensuring the presentation of substantiated quarterly reports, demonstrating the degree of execution of the objectives set out in the activity plan and budget, which must include the AOP.

(iii) Compliance with the mission and objectives set by the shareholder.

(iv) Preparing activity plans and budgets appropriate to the available resources and sources of financing.

(v) Disclosing a set of information pertaining to the company:

• The composition of its shareholder structure.
• The identification of the social participations it holds.
• The acquisition and disposal of social participations, as well as participation in any associative or foundational entities.
• The provision of financial guarantees or the assumption of debts or liabilities of other entities, even in cases where they assume group organisation.
• The degree of execution of the set objectives, the justification for any deviations observed, and the corrective measures applied or to be applied.
• The activity and budget plans, both annual and multi-annual, including investment plans and sources of financing.
• Annual and multi-annual budget.
• The anual financial statement.
• The quarterly budget execution reports, accompanied by the reports of the supervisory body.
• The identity and curriculum vitae of all members of its corporate bodies, particularly the management body, as well as their respective remunerations and other benefits.

(i) Inform the shareholder representative and the general public about how its mission was pursued, the degree of achievement of its objectives, the manner of compliance with the social responsibility policy, sustainable development, the terms of public service provision, and the extent to which its competitiveness was safeguarded, particularly through research, development, innovation, and the integration of new technologies into the production process.

(ii) Comply with the legislation and regulations in force regarding the prevention of corruption, and annually prepare a report identifying occurrences, or the risk of occurrences, of the facts mentioned in subparagraph (a) of paragraph 1 of Article 2 of Law No. 54/2008, of 4 September.

(iii) Adopt or adhere to a "code of ethics" that encompasses stringent ethical and deontological behaviours, and ensure its dissemination among all its employees, clients, suppliers, and the public.

(iv) Pursue objectives of social and environmental responsibility, consumer protection, investment in professional development, promotion of equality and non-discrimination, environmental protection, and respect for principles of legality and business ethics.

(v) Implement human resources policies aimed at valuing the individual, strengthening motivation, and stimulating increased productivity, treating employees with respect and integrity, and actively contributing to their professional development.

(vi) Adopt equality plans aimed at achieving effective equality of treatment and opportunities between men and women, eliminating discrimination, and enabling the reconciliation of personal, family, and professional life.

(vii) Ensure that members of the management bodies refrain from intervening in decisions that involve their own interests, particularly in the approval of expenses incurred by themselves.

(viii) Ensure that members of the management bodies comply with the duty to declare any equity interests they hold in the company, as well as any relationships they maintain with its suppliers, clients, financial institutions, or any other business partners, which may give rise to conflicts of interest.

(ix) Ensure that the Public Business company's website includes historical and current financial information for each company, the identity and curriculum vitae of all members of its corporate or statutory bodies, as well as their respective remunerations and other benefits.

(x) Ensure that the Public Business Company website includes clear, relevant, and up-to-date information about the public service obligations to which it is subject, the contractual terms of public service provision, the underlying financing model, and the financial support received from the State over the last three fiscal years.

7. OBLIGATIONS OF THE PUBLIC MANAGER STATUE

From the Public Manager Statute (“PMS”) arises a set of rules that regulate the activities of those designated or appointed to manage a Public Business company, specifically from Articles 5, 6, 18, and 28 to 34.

The following rights and obligations of public managers stand out:

(i) Fulfil the company's objectives as defined in the general meeting or, where applicable, in management contracts.

(ii) Ensure the implementation of the guidelines defined by law, particularly those provided for in Article 11 of Decree-Law No. 558/99, of 17 December, and in the management contract, and the execution of the company's strategy.

(iii) Monitor, verify, and control the progress of the company's activities and business in all its components.

(iv) Assess and manage the risks inherent to the company's activities.

(v) Ensure the sufficiency, accuracy, and reliability of information related to the company as well as its confidentiality.

(vi) Maintain professional secrecy regarding facts and documents that come to their knowledge in the exercise of their functions and not disclose or use, for any purpose, for their own benefit or that of others, directly or through an intermediary, the knowledge derived from such facts or documents.

(vii) Ensure equitable treatment of shareholders.
(viii) Conduct a systematic evaluation of the managers' performance based on the objectives set out in the strategic guidelines or arising from the management contract, as well as the criteria defined in the general meeting.

(ix) Enter a management contract that includes the elements provided for by law and complies with the template provided in specific legislation.

(x) Enter contracts within three months from the date of the public manager's appointment, between the manager, the shareholder representatives, and the Government member responsible for the respective sector of activity.

(xi) Ensure that the contracts do not establish specific regimes for indemnification or any other compensation for termination of functions.

(xii) Comply with the existing rules regarding the definition of remuneration, namely:

• The remuneration of public managers includes a monthly remuneration which cannot exceed the monthly remuneration of the Prime Minister.
• The remuneration of public managers also includes a monthly allowance, paid 12 times a year, for representation expenses amounting to 40% of the respective remuneration.
• Non-executive directors are entitled to a fixed remuneration corresponding to the normal activity they perform, up to a limit of one quarter of the fixed remuneration established for executive directors.
• When non-executive directors have effective participation in committees specifically created to monitor the company's activities, they are also entitled to a supplementary remuneration, in which case the limit of the total remuneration is one third of the fixed remuneration established for executive directors; and
• The remuneration of non-executive directors does not include any monthly allowance for representation expenses.

(xiii) Management contracts must include:

• Fixed values for each component of the considered remuneration.
• Management bonuses that may be awarded at the end of the fiscal year or term, which cannot exceed half of the annual remuneration earned, based on the fulfilment of objective criteria on which their potential award depends, without prejudice to the limit set in the respective statutes; and
• Other rewards or benefits applicable to the company's other employees.

(xiv) Public Business Sector companies, in their relationship with the public manager, must:

• Ensure that public managers do not use credit cards and other payment instruments for company-related expenses.
• Ensure that public managers are not reimbursed for any expenses that fall under the concept of personal representation expenses.
• Define by general meeting resolution the maximum value of communication expenses, including mobile phone, home phone, and internet.
• Ensure that the maximum value of service vehicles assigned to managers is set by general meeting resolution, in the case of public limited companies.
• Comply with the value referred to in the previous point, which is defined in accordance with the guidelines established for this purpose by the shareholders or by order, published in the Diário da República, of the Government member responsible for the finance sector.
• Comply with the maximum value of fuel and tolls allocated monthly to service vehicles, which is set at one quarter of the monthly allowance for representation expenses.
• Ensure that managers comply with the prohibition of exercising any option to purchase service vehicles assigned to them; and
• Grant managers the social benefits conferred to the company's employees where they perform their duties, as specified by the respective remuneration committees, the general meeting, or the Government responsible for the finance sector and the respective activity sector, as applicable, except for supplementary pension, retirement, survival, or disability plans

In August 2022, Law 16/2022, of 16 August 2022 ("Electronic Communications Law" - "ECL") implemented the European Electronic Communications Code ("European Code" - "EECC").

Despite the absence of changes in critical elements, the ECL brings in some crucial innovations regarding (i) consumer rights, (ii) sanctioning framework, and (iii) privacy in electronic communications.

Compared with the 2005 electronic communications law (Law 5/2004, of 10 February 2004), the ECL has a wider scope reflecting a more comprehensive definition of "electronic communications service". According to the new definition, electronic communication services now encompass individually addressed signal services – delivered through electronic networks – and services independent of numbers, such as internet access, machine-to-machine communications, and over-the-top services ("OTT").

The rules entered into force 90 days after the ECL enactment (14 November 2022), with the following exceptions:

• Rules covering the charges required in the event of early termination of the agreement at the consumer's request (refer to articles 136/4 and 136/5 of the ECL) became effective 60 days following its publication on 13 January 2023;
• Rules on emergency communications and a single European emergency number which shall take effect from the moment the access to an emergency service is opened to the public by the competent national authorities; and
• Rules on network and service security, including additional requirements and assistance and cooperation arrangements with the National Computer Security Incident Response Team (Equipa de Resposta a Incidentes de Segurança Informática Nacional), which came into force immediately with the publication of the ECL.

It is worth mentioning that, in 2004, the Portuguese legislators had already unified five EU Directives into a single piece of legislation, creating a structurally cohesive framework that was broadly maintained until 2022. Even so, by mid-2021, in addition to the 2004 Electronic Communications Law, the Portuguese communications' regulatory framework consisted also of 46 other diplomas: 23 laws and 16 administrative regulations.

Despite major changes, especially for consumers and the sanctioning framework, the ECL has kept the same structure as its preceding legislation, affecting the operator's financial and business stability.

1. ANACOM AND OTHER COMPETENT AUTHORITIES

The Portuguese Communications Authority (Autoridade Nacional de Comunicações - "ANACOM") serves as Portugal's National Regulatory Authority (Autoridade Reguladora Nacional - "NRA") for the communications sector.

The term "communications" – which defines ANACOM's scope of authority – includes electronic and postal communications. The ECL clarified ANACOM's jurisdiction in previously undefined areas and expanded its role to include new market sectors.

For instance, the ECL extends ANACOM's regulatory authority to Over-The-Top (OTT ) services. Although these services operate exclusively at the application layer of data transmission networks , the ECL categorises OTT as network services for legal and market analysis purposes, particularly regarding end-user rights.

The ECL assigns ANACOM a comprehensive set of regulatory, supervisory, control, and enforcement duties for the communications sector. Specifically, ANACOM is responsible for the following:

• Promoting competition in the provision of electronic communications networks and services;
• Ensuring access to networks, infrastructures, facilities, and services;

• Protecting the rights and interests of consumers and other end-users; and

• Ensuring access to the universal electronic and postal communications service and enforcing universal service obligations.

Among other changes, the ECL grants ANACOM additional powers and duties, particularly in spectrum management. ANACOM is now authorised to promote the shared use of the radio spectrum, allowing multiple operators to access the same frequency bands through the allocation of rights of use for frequencies (in Portuguese, "Direitos de Utilização de Frequências" or "DUF").

Additionally, the ECL clarifies that regulations for competitive or comparative selection procedures for radio spectrum rights of use must be approved by the government ministerial department responsible for the communications sector.

The ECL is aligned with the European Electronic Communications Code by recognising the role of "other competent authorities" in the communications sector. Entities such as the National Authority for Emergency and Civil Protection (Autoridade Nacional de Emergência e Proteção Civil – "ANEPC") are legally granted specific powers, particularly concerning end-user rights.

To facilitate this, the ECL requires ANACOM to collaborate with "other relevant entities" by organising public consultations and sharing information on matters of joint interest, particularly those related to emergency communications.

2. GENERAL AUTHORISATION, FREQUENCIES, NUMBERS AND SECURITY

2.1. GENERAL AUTHORISATION FRAMEWORK

The provision of electronic communications networks and services is unrestricted, allowing companies to offer such services without prior authorisation from the regulator, except when obtaining rights of use for elements such as frequency bands (DUFs) and numbering rights.

Companies intending to provide public electronic communication networks and publicly available electronic communication services must notify ANACOM before starting operations. This notification must include:

• A statement of the applicant's intent to begin operations;
• The applicant's identification details, along with the website associated with the provision of public electronic communication networks and services;
• Contact information for communications and notices, including a mandatory email address;
• A brief overview of the planned network and services; and
• The expected service launch date.

It is worth mentioning that companies not subject to the general authorisation regime under the ECL are not required to fulfil this prior notification to ANACOM requirement before launching their operations. Similarly, this requirement does not apply to providers of electronic communications services not intended for public access.

ANACOM may also, through specific regulations, exempt certain companies offering specific public electronic communication networks and publicly available services from this requirement.

2.2. GENERAL AND SPECIFIC CONDITIONS

Companies providing electronic communications networks and services remain subject to several general conditions established under the previous law. These include:

• Access obligations;
• Obligations related to the processing of personal data and the protection of privacy within the electronic communications sector;
• Obligations to install and provide lawful interception systems to national authorities, including decryption capabilities when such facilities are offered;
• Conditions of use of the radio spectrum for electronic communications services; and
• Conditions of use to ensure communications between emergency services, competent authorities, civil protection agents and the public.

Entities not subject to the general authorisation regime are not subject to these general conditions.
In addition, companies providing electronic communications networks and services may also be subject to specific obligations, particularly those related to access and interconnection, retail market regulations, and the provision of universal service.

Finally, it is important to note that providers of independent interpersonal communication services may, in certain cases, also face access and interconnection obligations due to changes introduced by the ECL.

2.3. OPERATOR'S RIGHTS

The ECL grants companies providing electronic communications networks or services -whether intended for public or private use - the right to request the establishment of rights of way and to utilise the radio frequency spectrum for deploying their networks and services.

Companies offering public networks or services have additional rights, including the right to apply for universal service provider status and expand their coverage nationwide.

These rights may be amended through legislative, regulatory or administrative measures, provided such changes are objectively justified, proportioned and approved by the rights holder. Amendments are subject to a public consultation process that allows stakeholders to provide input unless the changes are minor or do not affect the fundamental nature of the rights of use.

The holders of DUF and numbering resources are granted a general guarantee of non-restriction and irrevocability of these rights until their expiration. However, the law outlines specific criteria under which these rights may be restricted or revoked in advance by the NRA, including:

• Voluntary consent by the rights holder;
• Justified reasons to ensure the effective and efficient use of numbering resources or radium spectrum; and the implementation of technical measures under Article 4 of the Radium Spectrum Decision.

Restricting or revoking rights without the holder's consent or in unjustified cases must follow a legal procedure that upholds the principles of proportionality and non-discrimination.

In cases where rights are restricted or revoked, holders are entitled to compensation for any exceptional and abnormal losses or damages suffered, as determined by ANACOM following the rules on extracontractual liability of the State and other public entities.

Summarising, the ECL does not introduce significant innovations in this area but clarifies that these rules extend to Over-The-Top (OTT) services and companies that wish to offer electronic communications services not intended for public use.

2.4. THE RADIO SPECTRUM

The radio frequency spectrum, which enables the transmission of electromagnetic waves with frequencies between 3kHz and 3000GHz, is a vital public resource with significant economic and social value for the country. This importance is evident in the amounts paid for rights to use it and in the intense public debate surrounding spectrum-related issues.

ANACOM is responsible for managing the spectrum and must promote its efficient use according to technological and service neutrality principles. The first of these principles states that any technology may be used in the frequency bands allocated to electronic communications services. In contrast, service neutrality allows any type of electronic communications services may be offered through the available frequency bands.

The ECL has not introduced significant changes to ANACOM's role. ANACOM retains most of its existing powers, including the power to assign, modify, renew rights of use, and to authorise the transfer or lease of such rights.

 However, in response to the challenges faced during the 5G DUF auction debacle, the ECL introduced two seemingly conflicting changes regarding future frequency allocation procedures. ANACOM has also been granted new powers for the protection of competitive usage of frequencies. On the other hand, the authority to decide on frequency allocation procedures has been transferred to the Government, which must now directly approve them.

The ECL reiterates ANACOM's responsibilities for granting rights of use for frequencies of electronic communications networks or services. These rights are always limited in time. For example, rights of use for the spectrum of wireless broadband electronic communications services are granted for 15 years, with the possibility of renewal.

As under the previous regime, ANACOM is also responsible for defining the conditions associated with the rights of use of the spectrum. If breached, the regulator can revoke the rights of use or impose other measures. These conditions must be proportional, transparent, and non-discriminatory, including setting maximum periods of rights of use.

The ECL introduces an innovative provision for the shared use of the radio spectrum, expanding its potential applications.
The renewal of rights of use is possible, but the renewal rules have been significantly changed under the ECL:

• Under the previous law, the renewal of rights of use for the radio frequency spectrum was solely dependent on the initiative of the holder; and
• Under the ECL, ANACOM may proactively assess the need to renew the radio frequency spectrum.

Holders of rights of use for the radio frequency spectrum may also apply for renewal. Still, applications must be submitted between 18 months and five years before the rights expire, compared to a minimum of one year's notice under the previous law. In any case, the regulator must respond to renewal requests within six consecutive months from the receipt date.

In the case of rights of use, whose number is limited, public consultations must be held to allow interested parties to provide input on renewal decisions. Since rights of use are licensed to operators, they are required to pay periodic fees, which, except in exceptional cases, are mainly intended to cover the costs of radio supervision.

Finally, it is worth mentioning that the National Frequency Allocation Framework (Quadro Nacional de Atribuição de Frequências - "QNAF", which may be accessed through this link) serves as the technical management instrument used for the radium spectrum, which defines the conditions of use according to its purpose.

2.4.1. TRANSFER AND LEASE OF RIGHTS OF USE

The ECL allows the transfer or leasing of rights of use for the radium spectrum.

As a rule, if the rights holder wishes to transfer or lease them, it can do so through a request to the regulator, which must approve or deny it within 45 business days.

However, in some cases, the transfer or leasing of rights of use is not permitted. These cases include rights allocated free of charge, the provision of radio broadcasting services and the distribution of television and radio broadcasting services as part of specific procedures to achieve public interest objectives.

2.4.2. COMPETITION

Under the ECL, ANACOM, the Portuguese NRA, is required to promote effective competition within the European Union's internal market when allocating, modifying, or renewing frequency usage rights, striving to minimise potential distortions to competition. In this regard, ANACOM, as the Portuguese NRA, can implement or recommend measures to other competent authorities addressing competition distortions. These measures may include, among others:

• Limiting the number of spectrum bands for which usage rights are granted or imposing conditions on these rights;
• Reserving portions of a spectrum band or group of bands for allocation to new market entrants; and
• Denying new rights of use or prohibiting new spectrum uses in specific bands and imposing conditions to their allocation, transfer, or lease to prevent competitive imbalances.

When adopting such measures, the regulator should base its decisions on an objective and forward-looking assessment of market competition conditions and the necessity of the proposed actions.

2.5. NUMBERING RESOURCES

The ECL designates ANACOM as the entity responsible for managing numbering resources in Portugal.

"Numbering resources", defined as the structured set of codes used by electronic communication networks to route signals, are part of the National Numbering Plan (Plano Nacional de Numeração – "PNN", accessible through this link), or an international numbering plan. ANACOM has the power to administer and allocate these numbers, which can be used to identify networks, network elements, end-users, services or applications that utilise these services and networks.

The ECL states that ANACOM is tasked with ensuring the availability of numbering resources for the operation of public electronic communication networks and the provision of publicly accessible electronic communication services.

Operators must submit a detailed and justified request to ANACOM to obtain the right to use these resources. ANACOM uses the National Numbering Plan as a technical tool for managing the allocation of these numbers, which includes specific criteria for each range of numbers.

2.6. SECURITY AND EMERGENCY

The ECL establishes general responsibilities for coordinating electronic communication networks and services during crises, wars, major accidents or disasters, and threats to internal security but also emphasises two specific regulations:

• First, providers of communication services using numbers are required to issue free public warnings in the event of imminent or ongoing emergencies, accidents, or disasters; and
• Second, all end-users of communication services are entitled to free access to the European emergency number 112, as well as any other national emergency numbers designated by ANACOM and listed in the National Numbering Plan, for making emergency calls.

3. MARKET ANALYSIS AND REGULATORY CONTROLS

3.1. GENERAL PROVISIONS

According to the ECL, market analysis and the imposition of specific obligations must comply with the principle of full justification, meaning that all decisions must be based on legal requirements and preceded by a public consultation process.

The definition of relevant products and geographic markets in the telecommunications sector and determining which companies have significant market power are ANACOM's responsibility.

3.2. MARKET ANALYSIS

The ECL entrusts ANACOM with the responsibility of defining and analysing the relevant product and service markets within the electronic communications sector, considering the level of infrastructure competition in those areas.

Following this analysis, ANACOM may impose specific obligations when:

• Market entry barriers exist;
• The market structure does not support effective competition; and
• Competition Law alone is insufficient to address specific deficiencies.

This analysis can be conducted for national and transnational telecommunication markets in collaboration with European authorities.

3.3. OBLIGATIONS ON OPERATORS WITH SIGNIFICANT MARKET POWER

The ECL retains the traditional definition of significant market power as a strong economic position that enables a company to operate independently of competitors, customers and end-users.
Like the previous legislation, the ECL allows the regulator to impose certain obligations on companies with significant market power. These obligations may include:

• Meeting reasonable requests for access to and use of infrastructure, such as civil engineering assets owned by the company;
• Implementing cost-oriented pricing and cost accounting systems for specific types of interconnections and access when there is no effective competition. However, the ECL introduces stricter conditions for imposing these obligations. ANACOM must now consider the benefits of predictable and stable wholesale prices that encourage efficient market entry and incentives for companies to invest in new and more advanced networks, particularly in areas of low population density; and
• The ECL aligns with the European Electronic Communications Code by emphasising the positive impact that the wholesale market can have on retail competition and reduce competitive risks.

As a result, wholesale companies are subject to a more favourable regulatory regime. Their obligations may be limited to non-discrimination, access to specific network elements and associated facilities, or fair, equitable, and reasonable pricing. However, this rule applies if the company meets strict cumulative criteria, which may make qualification challenging for some.

Companies with significant market power are now required to address specific obligations regarding infrastructure migration. For example, to mitigate the potential competitive risks associated with transitioning from old copper networks to next-generation networks, such companies must provide prior notification when planning to deactivate or replace their infrastructure, either fully or partially.

Access obligations are not limited to companies with significant market power. To improve economic efficiency, the regulator can impose access requirements on operators or owners of cabling and associated facilities within buildings or up to the first distribution point outside the building, regardless of market power status. This measure relies on symmetric regulation that applies uniformly to all operators.

3.4. ACCESS AND INTERCONNECTION

3.4.1. INTERCONNECTION

Companies providing electronic communication networks and services are free to negotiate and establish interconnection agreements independently.

ANACOM has the authority to impose access and interconnection obligations on companies, regardless of whether they possess significant market power, as long as they are objective, proportionate, transparent, and non-discriminatory. For instance, ANACOM may impose additional obligations on companies that control the access to end-users.

3.4.2. REGULATORY OBLIGATIONS

The ECL aligns closely with the EECC, preserving the regulatory obligations established under the previous legislation. However, the ECL introduces new and more stringent and complex regulatory obligations.

One example is the ECL's emphasis on symmetric regulatory obligations and access requirements, such as providing access to cabling up to the first distribution point, enabling access to civil engineering assets and imposing national roaming obligations. These new provisions aim to provide more regulatory oversight and promote fair competition in the market. However, the stringency of these obligations adds complexity that may hinder their implementation.

While these new rules may have been introduced to strengthen user protections, they may raise concerns regarding the challenges associated with their practical application.

3.4.3. NATIONAL ROAMING OBLIGATIONS

Following the EECC, the ECL introduces the concept of national roaming. This is viewed as a significant regulatory mechanism to overcome physical and economic barriers to the provision of services and networks requiring access through usage rights for radio spectrum frequencies, particularly for mobile network operators serving end-users.

When accessing and sharing passive infrastructure is insufficient to ensure adequate coverage, the regulator may enforce active infrastructure sharing or mandate the establishment of national roaming agreements. However, such obligations may only be imposed under specific conditions, such as unavoidable physical or economic constraints – such as limited access in protected areas due to building restrictions – leading to inadequate or non-existent service availability for end-users.

This mechanism is justified solely when passive infrastructure sharing and access prove insufficient.

3.4.4. INTERNATIONAL ROAMING

International roaming, initially introduced with early 2G mobile networks, is a service that enables customers of one provider to access mobile services through the networks of other operators in foreign countries. This essential service allows users to make and receive voice calls, send and receive text and multimedia messages, and access the internet while travelling. It is one of the most important factors in the widespread adoption of mobile services, particularly over GSM networks.

Roaming costs are traditionally higher than domestic networks, as third-party operators set fees for visiting users. Regulatory pressure in the European Economic Area (EEA) has led to a significant reduction in roaming costs. Since the introduction of the EU's "Roam Like at Home" initiative in 2017, users within the EEA pay the same rates for international roaming as they do on their home network. Costs outside the EEA remain higher than home network costs.

It is important to note that international roaming is not regulated by the ECL but by European regulations, specifically by Regulation (EU) 2022/612 of the European Parliament and the Council of 6 April 2022.

3.5. REGULATORY CONTROLS IN RETAIL MARKETS

ANACOM's imposition of specific obligations tailored to retail markets is contingent upon two conditions:

• The absence of effective competition; and
• Imposing additional obligations would not align with the overall objectives of regulation.

The ECL aims to prevent operators from engaging in excessive pricing and discriminatory practices against end-users.

4. USERS' RIGHTS, UNIVERSAL SERVICE AND ADDITIONAL MANDATORY SERVICES

4.1. END-USERS' RIGHTS

Companies, including OTT providers, that offer networks or services are now fully subject to the end-users’ rights set out in the ECL.

As an exception applies to the micro-entities offering number-independent one-to-one communications services, while exempt from these regulations, they are still required to inform end-users about this exemption.

According to the ECL, end-user rights extend to consumers, micro-entities, small enterprises, and non-profit organisations that do not waive such rights.

Under the ECL, organisations are entitled to:

• Receive written information about service terms and conditions;
• Be notified at least 15 days in advance of the operator's intention to discontinue a specific service;
• Access information on expected and actual service levels;
• Receiving itemised invoices, including itemised cost breakdown and information on the end of the minimum contractual period;
• Benefit from increased protections in cases of unauthorised contracts;
• Tools to view pricing and other contractual conditions;

• Receive immediate and proportional reductions in monthly fees for service quality failures, in addition to any other applicable compensation;

• Maintain continuous access to the contracted services and receive notice of service suspension; and

• The right to number portability.

The protection of end-users became the foundation of the ECL. Nonetheless, the legislator's attempt to empower users has led to unintended consequences, including a lack of clear guidelines, creating an unwelcome and unexpected sense of uncertainty. For example, under the ECL, operators are prohibited from unjustifiably discriminating against customers based on nationality or place of residence; however, no specific guidelines have been provided regarding what may be considered justifiable discrimination. This is a sensitive matter and may lead to disputes in the future.

The ECL seeks to empower end-users by ensuring fair treatment within the market. The protection of end-users is a fundamental aspect of the ECL. As part of this framework, the non-discrimination rules ensure that consumers have equal access to services and that companies cannot discriminate against users based on their nationality or residence.

ANACOM plans to update the portability regime through a new regulation, replacing the 2005 version. According to the public consultation, the primary goal is to maintain the core structure of the existing framework. However, the new regulation introduces several key changes, particularly aimed at protecting consumers, including:

• Prohibiting certain portability fees for end users
• Requiring recipient providers to ensure both the portability of numbers and their activation.

4.2. AGREEMENT INFORMATION REQUIREMENTS

The ECL complements the framework for the disclosure of pre-contractual information. Under the ECL, public communication providers and operators, excluding machine-to-machine service providers, are now required to provide consumers with essential information (under the Consumer Protection Act) about key aspects of the agreement before signing the contract. Among other things, operators are required to disclose information on:

• The main characteristics of the goods or services;
• The provider's identity, including the company's name, postal address and telephone number, and other contact information;
• The full price of the services, including the fixed fees, applicable taxes, additional setup charges, and other relevant costs, including maintenance fees; and
• The price calculation method in cases where, due to the nature of the service, the price cannot be determined before the agreement.

The ECL also requires operators to adopt and make available a summary of the user contract terms and conditions.

4.3. CONTROL MECHANISMS FOR CONTRACTING AND INVOICING

According to the ECL, billing for publicly available electronic communications services must be conducted monthly. Invoices for these services must be sent, free of charge, to the end user and must include the following details:

• A breakdown of the services provided along with the corresponding prices;
• The remaining term to complete the minimum contractual obligations and, when applicable,
• The details of the social tariff for broadband Internet access services and its application for consumers with low incomes or special social needs.

4.4. DURATION OF THE AGREEMENT

Due to the prevalence of bundled services (triple, quadruple and quintuple play offerings with implied discounts ), particularly in the residential fixed-line market segment, local operators tend to waive setup fees and replace them in favour of minimum contract periods, which, if breached, steep early termination fees are applied. Therefore, it is no surprise that minimum contract periods , have become one of the most debated issues in consumer law.

However, the ECL still emphasises its stance on minimum contract periods and early termination charges, opting for more targeted changes, such as clauses introducing the concepts of initial and follow-up minimum contract periods and setting caps for both.

Consequently, operators providing publicly available communication services are required to offer services without any customer lock-in periods, with the minimum contract period limited to 24 months.

Furthermore, the consumer's subscription to supplementary services or terminal equipment cannot be used to extend the initial contractual loyalty period unless the consumer explicitly agrees to it at the time of subscription.

4.5. TERMINATION OF THE AGREEMENT

Regarding contract termination, in its quest to protect consumers, the ECL introduced significant deviations to general legal principles, particularly on contract default and liability.

According to the ECL, the suspension of services for defaulting non-consumer end-users is allowed subject to prior notice. It should be noted that discontinuing access to emergency services is strictly prohibited.

A notice must be issued for defaulting consumer end-users, initiating a grace period of at least 30 days. Following this period, an additional 30-day suspension period is permitted. The contract will automatically be terminated without further notice once this second period elapses and the necessary notification requirements are fulfilled.

On the other hand, in cases where services are unavailable for longer than 24 hours, the ECL imposes a proportional reduction in the bill, regardless of any consumer's request. If the service remains unavailable for over 15 days, the end-user has the right to terminate the agreement without incurring any cost.

Also, in this case, the ECL outlines additional specific causes for breach of agreement beyond those previously mentioned.

For instance, in the event of a "significant discrepancy between the actual performance of services and the performance outlined in the agreement", the end-user may demand corrective measures, but the ECL does not set out the measures that may be required. The ECL gives the end-user the right to terminate the agreement without penalty. The use of such arguably vague concepts may lead to controversies and possibly to decisions that can set a standard for their application.

As mentioned above, the ECL introduced specific changes regarding the admissibility of minimum contract periods, along with the mentioned restrictions; the ECL limits early termination charges when customers fail to comply with the agreed-upon lock-in periods.

The ECL recognises that a customer may be able to terminate their agreement with an operator without incurring early termination charges if the consumer:

• Changes their address, and the operator cannot demand additional charges if it cannot provide the contracted or equivalent service in terms of characteristics and price at the new address. The consumer changes their primary residence permanently, and the operator is unable to provide the same or equivalent service at the new location;
• Loses disposable monthly income due to involuntary unemployment;
• Is permanently or temporarily incapacitated for work or loses monthly income due to a long-term illness;
• Moves to a third country, defined as an unforeseeable move of the contract holder's permanent residence outside of national territory; or
• Is absent from their residence due to imprisonment or reliant on third-party care.

Although the ECL adds these breach of contract causes to protect users' interests that the legislator deemed fair, the overuse of vague terms, such as "unforeseeable move (…) out of national territory" or "loss of income due to illness", may lead to challenges in the implementation of the new legislation.

Additionally, ANACOM has introduced a contract termination platform for consumers. This platform allows users to submit termination requests and digitally access contract information.

4.6. UNIVERSAL SERVICE

The ECL has established these causes of breach of agreement with practical implications to reinforce end-users’ protection and ensure a fair termination process.

According to the ECL, universal service represents a minimum set of services that must be available to all consumers at an affordable price within the national territory, considering specific national conditions. The aim is to prevent social exclusion caused by a lack of access, enabling citizens to actively participate in social and economic life.

Universal service should guarantee the availability of the following:

• Reliable broadband internet access at a fixed location;
• Voice communication services, including the necessary underlying connection, at a fixed location; and
• Specific measures to ensure equivalent access for customers with disabilities to services available to other users.

The ECL introduces significant changes to universal service, particularly by promoting social regulation, primarily through the so-called "social internet tariff".

4.7. ADDITIONAL MANDATORY SERVICES

According to the ECL, the Government can demand operators to provide additional services to the public within the national territory, beyond the universal service obligations. However, in such cases, a compensation mechanism involving specific companies should be granted.

5. TRANSPORT OBLIGATIONS AND EQUIPMENT

ANACOM may, for public interest reasons, impose signal transmission obligations on companies operating in the television and radio programming services market and provide adequate compensation.

To comply with the ECL, digital television equipment must be capable of decoding digital signals and reproducing signals broadcast without encryption. Additionally, providers are required to facilitate the interoperability of equipment to encourage reuse.

Lastly, any activities involving illegal devices, including manufacturing, importing, distributing, selling, renting, installing, maintaining, promoting, acquiring, or using such devices, are considered a serious administrative infraction.

An illegal device refers to any equipment or software specifically designed or adapted to enable unauthorised access to protected services in an intelligible form without the service provider's consent.

6. FEES SUPERVISION AND CONTROL

6.1. RATES

Operators providing communication networks and services under the general authorisation framework are subject to an annual fee. This fee is determined based on the administrative costs associated with managing, overseeing, and enforcing the general authorisation framework, the related rights of use and specific conditions.

Additionally, operators are responsible for additional fees related to the following:

• The allocation and renewal of frequency rights;
• The allocation, reservation, and renewal of numbering resource rights; and
• The allocation of rights of way.

6.2. SUPERVISION AND CONTROL

6.2.1. DISCLOSURE OF INFORMATION

To effectively carry out its responsibilities, ANACOM is authorised to access and request information from operators when necessary, provided the request is objectively justified, non-discriminatory and reasonable.

Specifically, companies must provide financial data and any additional information requested by ANACOM or other competent authorities, as long as the need is established, to ensure compliance with administrative charges, licensing conditions, and other regulatory requirements. In general, operators must provide financial and technical information to guarantee compliance with obligations related to the services they are authorised to provide.

6.2.2. CONTROL

As a regulatory body, ANACOM is responsible for overseeing the enforcement of the ECL, in addition to the Portuguese Food and Economic Security Authority (Autoridade de Segurança Alimentar e Económica – "ASAE") and the Portuguese Tax Authorities (Autoridade Tributária e Aduaneira). ANACOM is also in charge of supervising the electronic communications sector as a whole.

However, under the ECL and other relevant legislation, judicial courts and central Government agencies, such as the national cybersecurity agency (Centro Nacional de Cibersegurança – "CNCS"), hold a level of jurisdiction over the sector. These include the previously mentioned ANEPC (the emergency and civil protection agency), the Food and Economic Security Authority (Autoridade de Segurança Alimentar e Económica – "ASAE"), the Competition Authority (Autoridade da Concorrência – "AdC"), the Tax and Customs Authority (Autoridade Tributária e Aduaneira – "AT") and the district council's authorities.

6.2.3. NEW SANCTIONING FRAMEWORK

The ECL has significantly expanded its sanctioning framework. It now includes more than 120 administrative infractions, of which nearly 97% are considered severe or very serious, potentially resulting in fines of up to one million or five million euros.

Regarding compliance with the end-consumer rules, more than 40 applicable sanctions account for over a third of the total ECL's administrative infractions under the ECL. 

Under the ECL, issuing guidelines, recommendations, or instructions to employees, agents, or business partners that may lead to a violation of rules or ANACOM's instructions is considered a severe administrative infraction.

As opposed to the initial version of the bill presented by the Government in May 2022 , the ECL does not include provisions for individual liability of members of management bodies and company directors.

Alongside a comprehensive list of violations for which operators are liable, under the ECL, a severe or very serious administrative offence occurs whenever an operator issues its employees, agents, or business partners with guidelines, recommendations, or instructions likely to result in a breach of rules on ANACOM's instructions.

It should be noted that this type of provision is rare within Portuguese law and seems to be a compromise when compared to the bill submitted to Parliament that would have made company directors and senior staff operators personally liable. Considering the broad and ambiguous nature of these sanctioning provisions, we expect to see a rise in disputes and the consolidation of case law concerning how sanctions should be applied.

OPEN INTERNET PRINCIPLE

The open internet principle ensures that citizens of the European Union have unrestricted access to online content and services, regardless of their location or time, without discrimination or interference from internet service providers.

In Portugal, this principle is reflected in national law through the ECL, which states that any actions taken to maintain the quality of internet access must comply with Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015.
The open internet principle is crucial today, where information is widely accessible online. It ensures that individuals and businesses have unrestricted and equal access to online content and services. For instance:

• Internet service providers are prohibited from blocking or slowing down their competitors' content, applications, or services, except in limited circumstances, such as maintaining network security and integrity. Under this principle, e.g., internet providers must prevent unjustifiable blocking or slowing down content, applications, or services, except in limited cases, such as to maintain network security and integrity;
• Similarly, service providers must provide equal access to online content and services, free from undue interference driven by their interests and cannot prioritise traffic on their networks based on payments from a specific source.

In conclusion, it's important to note in cases of violation of the open Internet provisions, EU Member States are obligated to enforce sanctions that are effective, proportional, and dissuasive. Service providers found in breach may face both administrative and financial penalties.

In 2024, investment in Portugal's tourism, real estate, renewable energy, and other long-term projects continued to be robust. Despite facing challenges, both local and international investors maintained confidence in the future prospects of these sectors.

After growing 2% in 2024, the Portuguese economy is projected to grow 2.3% in 2025 and 2026. Exports of goods and services reached 56,293 million euros by the end of June 2024, a decline of 0,9% compared to the same period in 2023.

In 2024, investment in tourism, real estate, renewable energy, and other longer-term projects remained strong in Portugal. Despite the difficulties, local and international investors remain confident in the longer-term prospects in tourism, energy, and real estate.

It is expected that the «Recovery and Resilience Plan» (Plano de Resiliência e Recuperação, PRR), supported by the European Union, will improve the performance of Portugal’s economy in the near future. The government plans to invest in 85 infrastructure projects, with €22.200 million in the transportation sector, mainly in upgrading or building new railroads and subway infrastructure, €13,060 million in renewable energy, and €7,418 million in environment-related investments. In 2023, new public funds totalling 400 million euros were established, mostly to invest in start-ups.

Portugal’s commitment to energy transition and technological developments is attracting international and local investors in solar and wind power projects. Investors are waiting for the government to open up public tenders to develop offshore wind power projects on the coast of Portugal.

In a world of many uncertainties, with wars raging in Ukraine and the Middle East, Portugal remains a safe harbour for international investors. According to the Institute for Economics & Peace’s “Global Peace Index 2023”, Portugal is one of the safest countries in the world, ranking 7th in the most peaceful countries in the World and 4th in Europe.

This guide reviews the main aspects foreign investors consider when looking at Portugal as a place to invest, such as how to set up a business, government incentives, employment rules, taxation, intellectual property protection, real estate, and the judicial system.
For more information, go to www.macedovitorino.com/en/Why-Portugal

This paper provides an overview of the current state of the Portuguese Capital Markets and addresses the main capital market rules, dealing specifically with the regime of qualified holdings, admission to trading, public offerings and, finally, the sanctioning regime.

The number of domestic listed companies in Portugal has been decreasing. The number of listed companies in Portugal reached its peak in 1990, with 152 listed companies at the Lisbon and Oporto Stock Exchange. Presently, only 53 companies are listed in Euronext Lisbon.

The main reasons for the decrease in the number of listed companies are the change in the shareholding structure of listed companies through a merger or acquisition, which may be followed by a "squeeze-out" of minority shareholders and consequent withdrawal from the stock exchange (as were the cases of Companhia de Seguros Tranquilidade, S.A. and with Vodafone Telecel – Comunicações Pessoais, S.A.) or by decision of the shareholders.

Since 2000, there were more than 50 IPOs in Portugal. Although the number of IPOs decreased after the financial crisis of 2008. SMEs, unlike state-owned companies, have requested to be listed on either the Portuguese regulated market (Euronext Lisbon) or another platform (in particular, multilateral trading facilities such as Euronext Access and Euronext Growth).

The last IPO in Portugal took place in 2021 with the listing of Greenvolt – Energias Renováveis, which meanwhile has been acquired by KKR.

The prices of the twenty listings with the largest market capitalisation form the Portuguese Stock Index 20 ("PSI-20"). PSI-20 is the main benchmark stock exchange index in Portugal, which includes, among others:

• EDP, a power company, which has the largest market capitalisation in the PSI 20 and its subsidiary EDP Renováveis;
• Galp, an oil and gas company with investments in the electricity market as well;
• Millennium BCP, the largest private bank in Portugal;
• SONAE, a conglomerate of industrial and distribution companies;
• Jerónimo Martins a leading Portuguese distribution group with a presence in Poland and Colombia; and
• NOS, the second largest telecom operator in Portugal.

Access to the pdf version above. 

The Portuguese low-voltage grid (“LV Grid”) is operated by private entities awarded with a concession provided by the municipalities (up to the maximum length of 20 years). It can also be operated directly by each municipality, but none of them is currently doing so.