• Terms of Reference - update of ranking list - agreements with Distribution System Operator and Transmission System Operator
Following the publication of Decree-Law no. 72/2022, of 19 October (which determined the priority of projects listed in the terms of reference that at the date of its entry into force had a favourable or favourable conditional Environmental Impact Decision), the updated classification list was republished yesterday based on this criteria.
The new lists are available here and here.
• Joint Order of APA and DGEG
The joint Order of the Portuguese Environment Agency and the Directorate-General for Energy and Geology was published yesterday, regarding projects for renewable power plants. It is now mandatory, when requesting for a prior assessment for the decision whether the project shall be subject to an Environmental Impact Assessment (EIA) and, also, when initiating the EIA procedure, to submit a set of elements, including the Grid Capacity Reserve Title or evidence of payment of the budget for carrying out grid studies in the case of an agreement with an operator.
The obligation to present such elements aims to ensure the rationalisation of the Administration's resources, in view of the growing number of requests related to renewable power plants or autonomous storage and whose viability is not assured.
Thus, for the purposes of the request of a prior assessment for the decision whether the project shall be subject to an Environmental Impact Assessment (EIA), it is now necessary to submit the following elements on the SILiAmb platform:
• Grid Capacity Reserve Title or evidence of payment of the budget for the realisation of the grid studies;
• Declaration by the applicant that he holds the right to use the land where the power plant is located;
• Elements foreseen in Annex IV of the EIA Legal Framework;
• Geographical information of the project and of the restrictions and constraints identified;
• Elements evidencing compliance with articles 5 and 6 of Decree-Law no. 30-A/2022 of 18 April when applicable (i.e. compliance with technical rules to be observed and in case it is a local community project).
Regarding EIA procedures, they shall be instructed with the following elements:
• Environmental Impact Study with the elements of Annex V and evidence of compliance with the provisions of articles 5 and 6 of Decree-Law no. 30-A/2022, of 18 April (i.e., compliance with technical rules to be observed and also local communities’ projects project of local communities).
• Preliminary study, preliminary project or execution project, as applicable, of the renewable power plant as well as the associated infrastructures that ensure the connection to the Public Service Electricity Grid. In the case of projects for which the respective Grid Capacity Reserve Title has not been obtained, but where the budget for the realisation of the grid studies has already been paid, the EIA procedure must be initiated at the preliminary study or preliminary project stage;
• Geographical information of the project and the constraints and restrictions identified;
• Grid Capacity Reserve Title or evidence of payment of the budget for the realisation of the grid studies;
• Identification of the properties to be used, in terms of land registry (certidão de registo pedial) and tax registry (caderneta predial).
The joint Order may be consulted here.
