Latest updates

Merchant solar projects in Portugal: growing interest and challenges
Morais Leitão, Galvão Teles, Soares da Silva & Associados
  • Energy & Natural Resources
  • Portugal
  • June 25 2018

With the increasing number of projects being licensed under market rules, renewable energy generators are now faced with energy trading under organised markets, without a traditional power purchase agreement with the off-taker. The new reality of operating without a feed-in tariff is challenging – particularly as regards meeting bankability requirements. However, stakeholders are exploring alternatives.

Supreme Court clarifies late payment of insurance compensation
Morais Leitão, Galvão Teles, Soares da Silva & Associados
  • Insurance
  • Portugal
  • April 03 2018

When an insured event takes place, the insurer is bound to compensate the insured for the corresponding loss. However, the law is not entirely clear as to the moment when this payment should occur. Although Portuguese judicial decisions on this subject have thus far been inconsistent, a recent Supreme Court judgment appears to have shed light on the intended scope and meaning of the relevant legal provisions.

New rules for obtaining electricity generation permits when request capacity exceeds grid capacity
Morais Leitão, Galvão Teles, Soares da Silva & Associados
  • Energy & Natural Resources
  • Portugal
  • March 12 2018

The 2018 state budget amended Article 33-F of Decree-Law 172/2006, which establishes the criteria that applicants must fulfil to generate electricity via renewable and non-renewable endogenous resources on a market basis in order for the licensing authority to grant a generation licence or accept a prior notification. The amendment aims to establish new rules for when the relevant network has insufficient capacity to support the additional load that results from requests submitted to the licensing authority.

General good provisions: freedom of establishment and freedom to provide services
Morais Leitão, Galvão Teles, Soares da Silva & Associados
  • Insurance
  • Portugal
  • February 20 2018

The Insurance Supervisory Authority (ASF) recently published a consultation paper requesting comments on the draft regulatory norm, which sets out the general good provisions applicable to insurers acting in Portugal under the freedom of establishment or freedom to provide services. The draft sets out a number of general good provisions which would be applicable to the distribution of all types of insurance and provisions which would apply to the distribution of mandatory insurance and life insurance products.

Government approves decree-law on private service electrical facilities
Morais Leitão, Galvão Teles, Soares da Silva & Associados
  • Energy & Natural Resources
  • Portugal
  • November 27 2017

The government recently approved a decree-law which establishes the legal framework for medium, high and low-voltage private service electrical facilities powered by the public service electric network and temporary and itinerant self-generation facilities. The law will enter into force on January 1 2018 and revoke the Electrical Facilities Licensing Regulation, as amended, but only with regard to the provisions applicable to private service electrical facilities covered by the new framework.

New biomass legal regime introduced
Morais Leitão, Galvão Teles, Soares da Silva & Associados
  • Energy & Natural Resources
  • Portugal
  • August 14 2017

The special and extraordinary legal regime for the construction and operation by municipalities, inter-municipal associations and municipal associations of biomass plants for specific purposes was recently approved by way of a decree-law. However, the regime has not been fully implemented, as the government must decide on the terms of the licensing procedures and the remuneration of energy generated by biomass plants licensed under the new regime.

Logistics Operator for Switching Electricity and Gas Supplier created
Morais Leitão, Galvão Teles, Soares da Silva & Associados
  • Energy & Natural Resources
  • Portugal
  • May 29 2017

Decree-Law 38/2017 recently created the Logistics Operator for Switching Electricity and Gas Supplier (OLMC), which will be responsible for ensuring that consumers can switch their electricity and natural gas suppliers in a swift and simple manner using transparent, non-discriminatory, standard and digital procedures. The OLMC will also enable consumers to access information concerning applicable energy tariffs and prices and their rights and obligations in the switching process.

Reimbursement of public funds by renewable energy promoters receiving feed-in tariff
Morais Leitão, Galvão Teles, Soares da Silva & Associados
  • Energy & Natural Resources
  • Portugal
  • December 05 2016

A recent ministerial order has approved the reimbursement of public funds granted to generation facilities included in the special regime (generally, renewable energy promoters) which are receiving or have cumulatively received guaranteed remuneration (ie, feed-in tariffs) from the last resort supplier of the national electricity system. This measure aims to reduce the tariff deficit and future costs, with the ultimate goal of ensuring the sustainability of the national electricity system.

Promotion of cogeneration – terms and conditions for attribution of energy injection capacity to national grid
Morais Leitão, Galvão Teles, Soares da Silva & Associados
  • Energy & Natural Resources
  • Portugal
  • September 26 2016

A recently published ministerial order details the terms and conditions applicable to the attribution of energy injection capacity at certain points of the national electricity grid within the special regime of licensed cogeneration production. The order is part of the strategy to promote high-efficiency cogeneration and encourage the decentralised production of energy in the European Union.

New PPEC tender process announced
Morais Leitão, Galvão Teles, Soares da Silva & Associados
  • Energy & Natural Resources
  • Portugal
  • April 18 2016

A call for applications for funding under the Promotion of Electric Efficiency Programme (PPEC) was recently announced. The PPEC provides funds for electricity consumption efficiency projects following a competitive tender process. Eligible projects include those which aim to reduce the consumption of electricity in a measurable manner or to encourage more sensible electricity consumption.

Natural gas exchange MIBGAS starts trading
Morais Leitão, Galvão Teles, Soares da Silva & Associados
  • Energy & Natural Resources
  • Portugal
  • February 15 2016

MIBGAS – the natural gas exchange which combines the Portuguese and Spanish markets – recently held the first trading session for its spot market. The exchange aims to foster the transparency of natural gas prices and enhance market liquidity. It is an important milestone in the gradual integration of the natural gas markets in Portugal and Spain and the construction of the internal EU natural gas market.

Legal framework on energy performance of buildings amended
Morais Leitão, Galvão Teles, Soares da Silva & Associados
  • Energy & Natural Resources
  • Portugal
  • November 30 2015

Decree-Law 194/2015 has introduced a number of changes to the legal framework for the energy performance of buildings and the restoration of buildings built over 30 years ago or located in areas of urban renewal that are used mainly for housing. The changes aim to increase the demand for energy efficiency, which may prove crucial in achieving the 2020 national energy efficiency targets.

Charging electric vehicles – liberalisation and new opportunities
Morais Leitão, Galvão Teles, Soares da Silva & Associados
  • Energy & Natural Resources
  • Portugal
  • September 28 2015

In line with the liberalisation of the market for charging points for electric vehicles, two recent ministerial orders detail the licensing requirements applicable in this regard. As a result, there is now a legal framework to promote competition among charging point operators which the government hopes will definitively boost electric mobility in Portugal.

Changes to legal framework for increasing capacity of wind farms
Morais Leitão, Galvão Teles, Soares da Silva & Associados
  • Energy & Natural Resources
  • Portugal
  • June 01 2015

Decree-Law 94/2014 set out the rules for licensing the increased capacity of wind farms. It also determined that several aspects of the new legal framework would require further development by ministerial order. Accordingly, a recent ministerial order has established detailed rules regarding the licensing procedure and requirements applicable to increasing the capacity of wind farms.

New regime for small-scale electricity generation
Morais Leitão, Galvão Teles, Soares da Silva & Associados
  • Energy & Natural Resources
  • Portugal
  • March 16 2015

A new law recently entered into force which has repealed the previous regimes applicable to mini and micro-generation of electricity. The new regime covers the generation of electricity for self-consumption through units which may or may not be connected to the public energy grid, as well as generation through small units whose output is exclusively intended for sale to the public energy grid.

Regulatory Update
Morais Leitão, Galvão Teles, Soares da Silva & Associados
  • Energy & Natural Resources
  • Portugal
  • October 20 2003

Two recent decree-laws recognize that the Portuguese Electricity Regulation Framework must continue to evolve in order to adapt the national electricity system to a market regime which is open to competition. To this end, they set out the conditions for the commercialization, import and export of electricity within a market regime.

Energy Sector Undergoes Overhaul
Morais Leitão, Galvão Teles, Soares da Silva & Associados
  • Energy & Natural Resources
  • Portugal
  • July 14 2003

The government recently set out its new energy strategy. The programme has several ambitious objectives which aim to make the national sector more dynamic and efficient. The privatization of the leading Portuguese player in the petroleum and gas markets is also continuing.

Overview (April 2003)
Morais Leitão, Galvão Teles, Soares da Silva & Associados
  • Energy & Natural Resources
  • Portugal
  • April 07 2003

Including: National Energy Strategy; Independent Regulatory Body; Quality of Service; Co-generation; Low-Voltage Facilities; Renewable Energy; Petroleum By-products and Natural Gas.

Morais Leitão, Galvão Teles, Soares da Silva & Associados
Morais Leitão, Galvão Teles, Soares da Silva & Associados
Contributing office