New Amendments to Decree-Law no. 15/2022 of 14 January and to the Legal Framework of the National Ecological Reserve (REN)

I. Amendments to Decree-Law no. 15/2022

Decree-Law no. 130/2026 of 29 June (Decree-Law no. 130/2026) has been published, introducing the sixth amendment to Decree-Law no. 15/2022 of 14 January (Decree-Law no. 15/2022), which establishes the organisation and operation of the National Electricity System (SEN).

Decree-Law no. 130/2026 is aimed, in particular, at:

• partially transposing Directive (EU) 2023/2413 of the European Parliament and of the Council of 18 October 2023, on the promotion of energy from renewable sources (RED III);
   
• transposing Directive (EU) 2024/1711 of the European Parliament and of the Council of 13 June 2024, as regards improving the Union’s electricity market design (EMD Directive);
   
• partially transposing Directive (EU) 2023/1791 of the European Parliament and of the Council of 13 September 2023, on energy efficiency.
   

Among the key amendments introduced by Decree-Law no. 130/2026, the following should be highlighted:

1. Development of Renewables Acceleration Areas (RAAs)

Decree-Law no. 130/2026 introduces the regime applicable to RAAs, corresponding to areas specifically designated as particularly suitable for the deployment of renewable energy generation facilities, as well as the grid and storage infrastructure required for their operation (see Articles 40-A to 40-D and 42-A of Decree-Law no. 15/2022).

2. Reduction of the maximum time limits applicable to prior control procedures

The prior authorisation procedure for renewable energy projects may no longer exceed, in total, two years for onshore projects (reduced to one year in ZAER) and three years for offshore projects (reduced to two years in ZAER) (see Article 14(7) of Decree-Law no. 15/2022).

3. Introduction of tacit approval in certain prior control procedures

A new Article 14-B is also added to Decree-Law no. 15/2022, establishing a mechanism for tacit approval in certain prior control procedures. This mechanism does not, however, apply to procedures concerning projects subject to environmental impact assessment (EIA) or environmental incidence assessment (see Article 14-B(2) of Decree-Law no. 15/2022).

4. Amendments to the self-consumption regime 

Decree-Law no. 130/2026 introduces significant amendments to the self-consumption regime, with a particular focus on collective self-consumption (ACC). In this context, new provisions specifically applicable to ACC are approved, including rules on its general principles, the rights and duties of the grid operator and the responsibilities of the collective self-consumption management entity (see Articles 86-A and 88-A to 88-C of Decree-Law no. 15/2022).

5. Access and capacity subject to restrictions

A new Article 52-A is added, providing for the possibility of granting access to the Public Service Electricity Grid (RESP) subject to restrictions, in accordance with terms to be regulated by ERSE. The regime must ensure that restricted capacity is converted into firm capacity once the necessary network developments have been completed, or may become a permanent solution in areas where ERSE considers that network development is not the most efficient solution.

6. Enhanced transparency, consumer protection and crisis measures

New obligations are also introduced for network operators and suppliers, aimed at strengthening transparency, competition and regulatory oversight. The amendments further provide for the introduction of exceptional measures in situations of electricity price crisis, reinforce consumer protection - particularly for economically vulnerable consumers - and establish the regime applicable to comparison tools, under ERSE’s supervision.

Decree-Law no. 130/2026 applies only to prior control procedures relating to renewable energy projects and to infrastructure of the RESP initiated after its entry into force. This decree-law enters into force 60 days after its publication.

II. Amendments to the Legal Framework of the National Ecological Reserve

Finally, in a separate development, Decree-Law no. 129/2026 of 29 June amended the Legal Framework of the National Ecological Reserve (REN), approved by Decree-Law no. 166/2008 of 22 August, by providing for the possibility of carrying out actions of relevant public interest in areas included in the REN, provided that certain conditions are met. 

Under the amended regime, actions of relevant public interest may be carried out in areas included in the REN where they are recognised as such by order of the relevant members of Government, with the possibility of delegation to the executive board of the territorially competent Regional Coordination and Development Commission (CCDR).

Such recognition depends, in particular, on demonstrating that the relevant actions cannot be adequately carried out in areas not included in the REN.

For further information on Decree-Law no. 130/2026 of 29 June, please consult the full text here, as well as Decree-Law no. 129/2026 of 29 June here.