On 26 February, Order No. 2516-A/2026 was published (the “Order”), introducing the harmonisation of the conditions applicable to the various exceptional procedures in High-Demand Areas (“ZGP”).
Specifically, with the aim of ensuring greater predictability and legal certainty in procedures relating to ZGP, the Order establishes the obligation for the Network Operator (“OR”) to notify the holder of the allocated capacity of certain relevant events, namely: (i) the start of the scheduling period for the capacity allocated under the exceptional procedure; (ii) the impossibility of requesting amendments to the scheduling due to the expiry of that right; and (iii) the possibility of withdrawing from the allocated capacity at the respective stage, such withdrawal being deemed as a definitive breach, with proportional enforcement of the security deposit (see subparagraphs a) to c) of paragraph 1 of the Order).
Additionally, in compliance with its duty to provide information, the OR must also communicate to the Directorate-General for Energy and Geology (“DGEG”) the reasons invoked by capacity holders for the failure to connect due to the OR’s responsibility, providing evidence of such non-compliance. The DGEG is responsible for assessing such reasons and supporting evidence and deciding on the possible attribution of responsibility to the Portuguese State, in its capacity as grantor, whenever it is concluded that the grounds for the failure to connect are exclusively attributable to the National Electricity System (see paragraphs 6 and 7 of the Order).
Finally, the Order further provides that the holder of the allocated capacity may request DGEG to change the project, provided that, in the respective procedure, no interested party was left without allocated capacity. Upon receipt of the request from the capacity holder, DGEG shall request an opinion from the Public Electricity Service Network (“RESP”) operators, who must issue their opinion within 20 working days. DGEG then has 10 working days to issue its decision, counted from the date of receipt of the aforementioned opinions (see paragraphs 8 to 10 of the Order).
The Order entered into force on 27 February 2026.
For further information, please refer to the full text of Order No. 2516-A/2026 of 26 February here, (only available in Portuguese).
