In line with EU policy, since 2009 the Portuguese government has taken several legislative steps to create, implement, develop and execute an electric mobility programme.
Two key measures govern the sector:
- Resolution of Council of Ministers no. 20/2009 of 20 February – created the Programme for Electric Mobility
- Resolution of Council of Ministers no. 81/2009 of 7 September – established the principles of the programme and approved the model and development stages.
Under this legal framework, the Decree-Law no. 39/2010 of 26 April (amended by Law no. 64-B/2011 of 30 December, Decree-Law no.170/2012, of 1 August and by Decree-Law no. 90/2014, of 11 June) approved the terms of the electric mobility programme – in particular its organisation, access and exercise of electric mobility activities – and the standards of an electric mobility network.
Among other provisions, the Decree-Law establishes:
- the main principles applicable to the exercise of electric mobility activities, chiefly the principle of universal and equal access to services.
- the standards applicable to operating electric charging points and the grounds for issuing licences (valid for ten years) by Directorate General of Energy and Geology (DGEG – Direcção-Geral da Energia e Geologia).
- the provisions applicable to the supply of electricity for electric mobility, which can be only held by operators of electric charging points, duly licensed and registered to operate in the whole national territory.
- the responsibilities of the managing entity of the electric mobility network.
- the creation of an entity – the Office for Electric Mobility in Portugal (Gabinete para a Mobilidade Eléctrica em Portugal) – responsible for the preparation and implementation of the Programme for Electric Mobility.
Regulation no. 879/2015, approved by the Regulatory Authority (ERSE – Entidade Reguladora dos Serviços Energéticos) is also important. It establishes the legal framework applicable to the relationships between the electric mobility sector, the electricity sector and the protection of rights and interests of the users of EVs. It covers prices, service quality and information. The Regulation also sets out the methods for the tariffs to be applied by the managing entity of the electric mobility network.
In addition to the main legislative frameworks, various Ministry Orders cover complementary regulatory aspects. These include: requirements for implementing infrastructure and equipment (Ministry Order no. 221/2016); technical rules for charging installations of EVs in buildings and other urban facilities with parking areas (Ministry Order no. 220/2016); the terms governing licences for private use of the public domain for the installation of electric charging points for EVs in public places (Ministry Order no. 222/2016); the technical requirements for issuing a licence to operate EV charging points (Ministry Order no. 241/2015); and the fees that apply to electricity supply licences for electric mobility (Ministry Order no. 240/2015).
Several new political options for the sector were defined recently in the Great Plan Options (Grandes Opções do Plano), as approved by Law no. 113/2017 of 29 December. These new options include the opening of the market of supply for electric mobility.