Amendment to the National Petroleum System, the VAT Code and the Excise Duties Code

Law no. 65/2026 was published on 5 November, strengthening the regulatory framework applicable to the National Petroleum System ("SPN") by amending Decree-Law no. 31/2006, of 15 February, and also amending the Value Added Tax Code ("VAT Code") and the Excise Duties Code ("ED Code"), with an impact on the taxation of the marketing of liquid fuels.

The main changes introduced by the law are as follows:

Regulatory changes

• Strengthening of the certification regime for SPN participants, broadening its scope and providing for mechanisms for the review, suspension, lapse and revocation of certification in the event of non-compliance with the applicable legal or regulatory conditions;
• Creation of a centralised electronic platform for the registration, updating and sharing of information on SPN participants, their facilities and movements of petroleum products;
• Imposition of new registration and reporting obligations applicable to the transport, distribution, import, export and marketing of crude oil and petroleum products, with a view to strengthening the traceability and supervision of the sector;
• Introduction of a mandatory bank guarantee in the amount of €3,000,000 for suppliers of crude oil and petroleum products, intended to ensure compliance with their legal and regulatory obligations;
• Tightening of the sanctions framework, with administrative offences of up to €1,000,000 for legal persons and the possibility of ancillary sanctions prohibiting the exercise of the activity for up to five years;

Tax changes

• Introduction of the VAT reverse charge mechanism in the liquid fuels supply chain, covering successive supplies of petrol, diesel and motor kerosene released for consumption by operators with registered consignee, temporary registered consignee or certified consignee status;
• Exclusion of the right to deduct VAT incurred by the last operator in the chain (the purchaser who acquires the fuels for resale other than for further resale);
• Introduction of new invoicing and traceability obligations for supplies covered by the new VAT regime, including a mandatory specific reference on invoices and identification of the electronic release for consumption declaration (e-DIC);
• Exclusion from the quarterly VAT filing regime for taxable persons carrying out supplies of fuels, with taxable persons covered by the reverse charge who are under the quarterly regime required to submit a declaration of changes in January 2027 and to file monthly periodic returns as from 1 January 2027;
• Amendment to the ED Code, making certification as an SPN participant a requirement for authorisation as a tax warehouse and for the granting of registered consignee, temporary registered consignee or certified consignee status, with revocation of such certification constituting grounds for revoking those authorisations and statuses;

The law enters into force on the day following its publication. However, the amendments to the National Petroleum System concerning the certification regime, the provision of guarantees and information sharing only take effect 60 days after the law’s publication. Suppliers already certified have a further 90-day period to provide the new mandatory bank guarantee.

For further information, please consult the law here.