Portugal has extended until 31 December 2026 the special measures introduced in 2022 to simplify and accelerate procedures related to renewable energy generation and storage projects by Decree-Law No 116/2024 of 30 December. The main measures include Exemption from prior urban planning control for plants with a capacity of up to 1 MW and prior notification for larger plants; reduction to 10 working days of the deadline for issuing mandatory opinions, taking into account the absence of objections if they are not issued; additional compensation for municipalities, set at 13,500 euros per MVA of power allocated, financed by the Environmental Fund; and the possibility for electricity production centres to operate without a licence or certificate, following notification to the Directorate-General for Energy and Geology (DGEG) and communication of the connection conditions by the network operator, including authorisation for testing and experimental operation with reduced decision deadlines.
Portugal continues its efforts to simplify and speed up procedures for implementing renewable energy generation and storage projects and initiatives, extending the 2022 special measures until 31 December 2026.
Thus, Decree-Law no. 116/2024, of 30 December, provides for the following measures to remain in force until the end of 2026:
Simplification of prior urban planning control procedures
- Exemption from prior urban planning control for generation, storage, and self-consumption units with an installed capacity of 1MW or less;
- Prior communication with a deadline procedure for power generation, storage, and self-consumption units with an installed capacity of more than 1 MW.
Shortening of the deadlines for issuing mandatory opinions and consequences of non-compliance with these deadlines
- The deadline for issuing mandatory opinions provided for in the applicable sectoral legislation is reduced to 10 business days;
- If no opinion is issued within this period, it will be considered that there is no opposition to the application and the procedure must continue.
Additional compensation to municipalities for the installation of renewable power generation and storage units
- Compensation of EUR 13.500,00 per MVA of allocated injection capacity, to be borne by the Environmental Fund.
Commencement of operation of power generation, storage, and/or self-consumption units without an operating licence or certificate
- It is not necessary to obtain an operating licence or certificate in order to put into operation power generation, storage, and self-consumption units; it is sufficient to notify the Directorate-General for Energy and Geology (DGEG) in advance and for the grid operator to certify that the conditions for connection and injection into the grid have been met;
- The deadlines for the commencement of operations are those set out in Decree-Law no. 15/2022, of 14 January, for the issue of operating licences or certificates;
- The producer may request authorisation to carry out tests and trials and to operate on an experimental basis power generation, storage and/or self-consumption units, in which case the DGEG’s decision period is reduced to 10 business days. If no decision is taken within this period, the application is deemed to be tacitly approved.
Morais Leitão’s energy and natural resources team remains fully available to answer any additional questions
