21 March 22 | Lisboa
Decree-Order 98-A/2022

Published on 18th February 2022, approves the Regulation regarding the Incentives System to produce Renewable Hydrogen and Other Renewable Gases.

Decree-order 98-A/2022, published on 18th February 2022, approves the Regulation regarding the Incentives System to produce Renewable Hydrogen and Other Renewable Gases.

The Regulation aims to contribute to the carbon neutrality goal through an energy transition and by supporting renewable energies, especially the production of hydrogen and other renewable gases.

The Incentives System to produce Renewable Hydrogen and Other Renewable Gases is created to that extent. This Incentives System is financed by the Recovery and Resilience Plan (PRR) and applicable in mainland Portugal.

The diploma establishes the beneficiary entities as public or private legal persons which intend to develop projects regarding production of hydrogen and other renewable gases, listing several eligibility conditions.

Some conditions stand out, namely the requirements to prove the entity is not subject to a recovery order and also that the entity does not fall within the frame of “company in financial difficulties”, according to the Commission Regulation (EU) 651/2014 or prove that this framework derived from the impact of the pandemic situation.

Regarding the project’s eligibility, it is necessary to demonstrate that the interventions do not lead to significant environmental impacts, as well as attest to the operation sustainability after the investment.

Additionally, it is established that the eligible expenditure comprises all the investment costs which are proven to aim at and strictly indispensable to the production of renewable gases.

The respective funding must be attributed in the form of non-repayable grant and cannot exceed a funding rate of 100 % of the validated eligible costs, nor the thresholds defined by the regulations regarding State aid.

The funding applications must be presented under the tender notices and submitted through an electronic form, available on the Environmental Fund website, containing all the documents identified as necessary. 

The diploma specifies that the applications received under tender notices released before this Decree-order entered into force must be analysed and selected according to the Regulation.

The applications are analysed and decided by the managing body of the Environmental Fund within 60 days (counting from the submission deadline) based on an assessment through criteria of effectiveness, efficiency, sustainability, innovation and integrated approach.

The payments to the beneficiaries are dependent upon the compliance with the intermediate objectives and milestones determined in the tender notices. It is also necessary to give evidence of such compliance.

The approved projects and respective beneficiaries can be monitored by the managing body of the Environmental Fund, as well as by national and Community authorities competent in matters of certification, audit, and control over Community funds. 

This Decree-order entered into force on 19th February 2022 and it took effect on 28th September 2021.

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