Publication of the procedural rules applicable to the dynamic management of injection capacity in the RESP | Ministerial Order No. 433-A/2026/1 of 21 September

Ministerial Order No. 433-A/2026/1 of 21 September has been published, laying down the procedural rules governing the dynamic management of injection capacity in the Public Service Electricity Grid, as provided for in Decree-Law No. 100/2026 of 22 May.

As a reminder, Decree-Law No. 100/2026 established a temporary regime, complementary to Decree-Law No. 15/2022 of 14 January, aimed at introducing greater flexibility in the management of injection capacity in the RESP following the allocation of the relevant capacity reservation title (“TRC”), through mechanisms such as the splitting and aggregation of TRCs, renunciation, exchange and transfer of capacity, change of technology, hybridisation, partial reduction of power and change of interconnection point.

The Ministerial Order now completes that framework by establishing the procedural rules, supporting documentation requirements, forms, operational deadlines and procedural workflows applicable to the various mechanisms. Among the main measures introduced, we highlight the following:
 

   1. Processing and supporting documentation for applications

As a general rule, procedures will be processed through the electronic platform of the Directorate-General for Energy and Geology (“DGEG”). Where the platform is not operational for a particular procedure, the Ministerial Order expressly allows applications to be processed by email (see Article 3 of Ministerial Order No. 433-A/2026/1).

Without prejudice to the specific information and documentation required for each procedure, applications are subject to a common set of supporting documentation requirements, including, in particular, identification of (i) the applicant, (ii) the TRCs to which the application relates and (iii) the type of application and its respective legal basis (see Article 4(1) of the Ministerial Order).

For the purposes of submitting applications and declarations, the DGEG will also make standardised forms available on its website and electronic platform, including a specific form for combined applications (see Article 25(1) and (2) of the Ministerial Order).

   2. Assessment by grid operators

The Ministerial Order further specifies the criteria to be taken into account by grid operators when issuing the opinions required under Decree-Law No. 100/2026. These include, among other matters, the security and reliability of the grid and of the National Electricity System, the location of the connection points, the technical feasibility of the proposed configuration, any need for additional grid reinforcements, and compatibility with existing grid studies (see Article 5(1) of the Ministerial Order).

Where an opinion identifies the need for grid reinforcements, the grid operator must include, in particular, information on available capacity, an estimate of the timeframe required to carry out such reinforcements, the relevant technical justification, and an estimate of the associated costs or charges (see Article 5(2) of the Ministerial Order).
 

   3. Combined applications

The Ministerial Order also provides for the possibility of combining related applications in a single submission, with such applications being processed and assessed in a coordinated manner. As a general rule, combined applications will be determined by means of a single decision, although partial approval is permitted (see Article 24(1)(2) of the Ministerial Order).

Conversely, alternative applications are not permitted, i.e. applications submitted on a subsidiary or disjunctive basis where the success of one application is contingent upon another application being rejected (see Article 24(3) and (4) of the Ministerial Order).

   4. Capacity allocation

The Ministerial Order regulates in detail the procedure for the allocation of injection capacity within RESP. TRC holders wishing to make capacity available for transfer must submit a declaration of availability to the DGEG. Such declaration is registered and published in a dedicated list on the DGEG’s electronic platform, identifying the connection point, the available capacity and the relevant grid operator (see Articles 16 and 17 of the Ministerial Order).

The draft agreements and addenda resulting from the transfer must include a condition precedent, making their effectiveness subject to payment, by the holder of the application for the allocation of capacity, of the costs identified by the grid operator as being directly attributable to the transferred capacity, within 30 days from the date on which the signed agreement is returned. Failure to make such payment within that period will result in the agreement not taking effect (see Article 18(8) and (9) of the Ministerial Order).

   5. Information on injection capacity by connection point

The Ministerial Order requires grid operators to make available, through the DGEG’s electronic platform, up-to-date information on the injection capacity available and allocated at each connection point in the RESP, including, at a minimum, identification of the connection point, the capacity available for new allocation (in MVA) and the total capacity allocated, distinguishing between capacity already in operation and capacity not yet in operation (see Article 7 of the Ministerial Order).
 

   6. Deadlines

Lastly, the Ministerial Order provides that the time limits laid down in Decree-Law No. 100/2026, the implementation of which was dependent on the procedural mechanisms being made available, become effective upon publication of this Ministerial Order (see Article 25(3) of the Ministerial Order).

This provision is particularly relevant to the 60-day period laid down in Article 5 of Decree-Law No. 100/2026 for the submission of the applications falling within its scope.

Also of particular relevance is the 30-day period following the entry into force of the Ministerial Order for the submission of applications for withdraw with full reimbursement of the security, pursuant to Article 15(3) of Decree-Law No. 100/2026 (see Article 13(2) of the Ministerial Order).

It should also be emphasised that the Ministerial Order clarifies that all time limits provided for therein are calculated in business days (see Article 25(4) of the Ministerial Order).

Moreover, the expiry of Decree-Law No. 100/2026 – stipulated for 30 June 2027 – will not affect proceedings that are pending on that date. Such proceedings will continue to be processed and determined under that Decree-Law and the Ministerial Order, including as regards the applicable deadlines and the submission of applications (see Article 27(2) of the Ministerial Order and Article 38 of Decree-Law No. 100/2026).

The Ministerial Order enters into force on 22 September 2026.

For further information on Ministerial Order No. 433-A/2026/1, please consult the full text here.