With the aim of ensuring the sustainability, flexibility, and robustness of the electricity system by promoting the integration of storage systems, the APA and DGEG today published Joint Order No. 2/2025.
The Order aims to clarify the framework applicable to the licensing and environmental assessment of electricity storage facility projects under the combined terms of Decree-Law No. 15/2022, of January 14, and Decree-Law No. 151-B/2013, of October 31 (RJAIA).
1. Co-located storage facilities
It should be noted that under the terms of Article 11(8) of Decree-Law No. 15/2022 of January 14, the addition of a storage facility to a project that already has a prior control title is subject to the procedure provided for in that article depending on its power, giving rise to an annotation to the existing title.
The Order clarifies that the inclusion of a storage facility in a renewable energy power plant, previously subject to an EIA, is not subject to a new EIA procedure or case-by-case analysis, provided that all of the following conditions are met:
a. the installation does not exceed the thresholds set out in point 3(a) of Annex II to the RJAIA:
i. power ≥ 50 MW / 200 MWh for the general case;
ii. power ≥ 20 MW / 80 MWh in sensitive areas;
b. the installation is located within the area covered by the environmental impact statement (EIS) or environmental compliance statement for the implementation project (DCAPE) previously issued.
In addition, the applicant must:
a. ensure compliance with the conditions set out in the DIA or DCAPE of the initial project, submitting, during the post-assessment, the elements relating to the storage facility, as well as proof of compliance with the environmental decision;
b. in the case of hybridization of a solar power plant, ensure a distance of 5 meters between the storage facility and the boundary of the fenced area of the project.
2. Autonomous storage facilities
Under the terms of Article 79(2) of Decree-Law No. 15/2022, obtaining a prior control title for storage activities is subject to the procedure set out in Article 11 of the same decree, depending on the respective power.
Thus, autonomous storage projects are not subject to EIA or case-by-case analysis, provided that they do not exceed the thresholds set out in point 3(a) of Annex II to the RJAIA (50 MW/200 MWh in general and 20 MW/80 MWh in sensitive areas).
The applicant must also ensure a distance of 5 meters between the facility and the boundary of the fenced area of the project.
The order shall enter into force on the day following its publication on the DGEG and APA websites.
For further information, Order No. 2/2025 of July 31 can be consulted here.
