20 October 22 | Lisboa

Decree-Law 72/2022, published on 19th October 2022, modifies the exceptional measures concerning the implementation of projects and initiatives for the production and storage of renewable energy sources.

Decree-Law 72/2022, published on 19th October 2022,  introduces the first revision of Decree-Law 30-A/2022, further simplifying the administrative procedures including prior monitoring procedures for urban planning operations.

Consequently, installations with an installed power equal or inferior to 1 MW are now exempt of prior monitoring procedures, upon submission of the suitable formal declaration.

Installations with an installed power superior to 1 MW are subject to a prior monitoring procedure of prior notice with a deadline. This enables the beginning of construction without an explicit permit decision unless there is an explicit rejection from the municipality.

The Decree-Law defines the grounds for rejection in the prior notice establishing that municipalities can reject the operation if it does not comply with the applicable legal norms and regulations. This rejection can also be based on the negative impact of countryside stewardship unless the project has received a favourable or conditioned favourable environmental impact statement, or the municipal territory has an area inferior to 2% occupied with these installations.

Additionally, a compensation to municipalities in the sum of 13.500€ per MVA of connected load assigned is introduced, to be borne by the Environmental Fund and intended to contribute to local development. 

The trial period in procedures aimed at injecting electricity into the Public Service Electricity Grid from the conversion of solar energy is extended by 12 months and the inflation rate is updated from the date of award of the contract to the date the power plant starts to operate, striving to ensure suitable conditions to implement these projects.

Finally, the procedures regarding the conclusion of agreements between the person concerned and the Public Service Electricity Grid operator for the construction or reinforcement of network infrastructures, which have received a favourable or conditioned favourable environmental impact statement, must have priority.

These measures intend to enable the start of the power plants operation as soon as possible, in order to achieve greater energy autonomy and security of supply.

This Decree-Law entered into force on 20th October 2022.

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