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Newsletter 12 Jan 2026 · Portugal

Ministerial Order No. 16/2026/1 | Licensing of Charging Points Operation: Requirements, Procedure and Prior Notification Regime

Meet The Law - Energy & Climate Change

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Ministerial Order No. 16/2026/1 of 12 January was published today, developing the framework set out in Articles 9 to 11 of Decree-Law No. 93/2025 of 14 August, regulating in particular:

1) The requirements applicable to the granting of licences for the operation of charging points;

2) The procedural rules applicable to the relevant licensing procedure; and

3) The regime applicable to prior notification for the operation of charging points, for the purposes of Article 11 of Decree-Law No. 93/2025.

In this context, pursuant to Article 2 of the Ministerial Order, the operation of charging points, as well as the granting of the corresponding licence, is subject to the fulfilment of a set of technical, operational and information-related requirements, namely:

  • The use of an IT platform and appropriate technical means to ensure compliance with the functions and duties legally applicable to charging point operators (OPCs), which may be ensured through the hiring of third-party providers;
     
  • The guarantee of technical, technological and safety compatibility between the equipment intended for the electric charging of vehicles/vessels and the Public Electricity Service Network infrastructure (RESP), ensured by at least one duly qualified responsible technician, in accordance with Law No. 14/2015 of 16 February;
     
  • The functional identifiability of equipment intended for the electric charging of vehicles and electric vessels;
     
  • Compliance with the obligation to provide clear, explicit and accessible information to all users, in particular regarding prices, commercial conditions and tariffs, in accordance with the AFIR Regulation (Regulation (EU) 2023/1804 on the deployment of alternative fuels infrastructure).

Pursuant to Article 4(1) of the Ministerial Order, the licence for the activity of OPC is granted for a period of 10 years, without prejudice to its expiry if, within 12 months from the date of issuance, no charging point is installed for reasons attributable to the OPC. Article 4(2) of the Ministerial Order further sets out the conditions and legal effects of tacit approval of the application for the issue or extension of the licence, in accordance with Article 10(4) and (5) of Decree-Law No. 93/2025.

 This Ministerial Order enters into force on January 13, 2026.

For further information, please consult the full text of Ministerial Order No. 16/2026/1 of 12 January, here (only available in Portuguese).
 

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