National Gas System | Third Amendment to Decree-Law No. 62/2020 of 28 August

On 30 April, Decree-Law No. 94/2026 (“DL 94/2026”) was published, introducing the third amendment to Decree-Law No. 62/2020 of 28 August, which governs the organisation and operation of the National Gas System (“DL 62/2020”).

This new decree-law partially transposes Directive (EU) 2024/1788 of the European Parliament and of the Council of 13 June 2024, and Directive (EU) 2023/1791 of 13 September 2023, relating, respectively, to common rules for the internal markets in renewable gas, natural gas and hydrogen, and to energy efficiency.
 

Among the amendments introduced, two key aspects stand out:
 

1. Introduction of a cost-sharing mechanism for connection costs

DL 94/2026 introduces a cost-sharing mechanism for the costs associated with connecting production facilities to the Public Gas Network (“RPG”), with the aim of promoting the production and injection of renewable gases and supporting the development of the network.

Under the new wording of Article 72(1)(a) of DL 62/2020, connection costs - including the infrastructure required for connection and grid injection - continue to be borne by project promoters but may now be partially co-funded by the National Gas System (“SNG”).

ERSE is responsible for defining, within 180 days, the criteria and methodology for calculating such cost-sharing (cf. Article 3 of DL 94/2026).

In establishing this framework, ERSE must ensure, inter alia, the following principles:

• The provision of appropriate economic signals to ensure the efficient use of the SNG’s networks and infrastructure; 
• The protection of customers against tariff developments; and 
• The achievement of decarbonisation objectives and the integration of renewable gases into the SNG, as set out in the National Energy and Climate Plan 2030 (PNEC 2030), the Biomethane Action Plan 2024–2040 and the National Hydrogen Strategy (cf. Article 72(6)(a)(b) and (c) of DL 62/2020). 

2. Introduction of the energy efficiency first principle

The decree-law also enshrines the “energy efficiency first” principle, applicable to the planning of the National Transmission Network, storage infrastructures and liquefied natural gas terminals, as well as to the calculation and setting of tariffs regulated by ERSE (cf. Articles 86(6) and (7) and 109(1)(h) of DL 62/2020).

Decree-Law No. 94/2026 entered into force on 1 May.

For further information on Decree-Law No. 94/2026 of 30 April, please refer to the full text available here.