Management of Injection Capacity in the RESP – Procedural Rules | Ministerial Order no. 433-A/2026/1, of 21 September

• The procedures are conducted through DGEG’s electronic platform. In the absence of an operational platform for a given procedure, the procedures are conducted by email.
• DGEG provides standard forms for submission of requests, including for cumulative requests.
• Applications are submitted by the holder of the Capacity Reserve Title (“TRC”) (or the applicant in the case of capacity allocation requests) and addressed to DGEG.
• Documents in a foreign language must be accompanied by a certified translation into Portuguese.
• DGEG may request clarifications or additional documents within 10 days, and the applicant has 10 days to respond.
• All conforming and complete applications are forwarded simultaneously to the grid operators after the submission deadline set out in DL 100/2026.

Grid operators are required to make available, on DGEG’s platform, updated information on the injection capacity available and allocated per interconnection point, including: identification of the point, substation, voltage level, grid and competent operator; capacity available for new allocation (in MVA); and total allocated capacity, distinguishing between operational and non-operational installations.

• Binding opinions must take into account criteria of grid security and reliability, the location of interconnection points, primary energy sources, technical feasibility, the need for grid reinforcements, compatibility with existing studies and the efficient use of capacity.
• Where the opinion identifies grid reinforcements, it must include an estimated timeline, technical justification and an estimate of costs (to be borne by the applicant/holder).
• Before deciding on reinforcements entailing costs attributable to the applicant, DGEG shall hold a hearing of the interested party, who may withdraw the application within 10 days.

In addition to the common requirements for all applications (Article 4), the Ministerial Order sets out specific supporting documentation requirements for each mechanism:

a) Split: allocation of capacity among each resulting TRC and a declaration of the capacity to be made available for release.

b) Aggregation: identification of all TRCs to be aggregated, the intended interconnection point, a summary justification, identification of the future holder and, where the TRCs belong to different holders, an authorising document from each holder declaring their agreement to the aggregation.

c) Waiver: indication of the capacity subject to the waiver and identification of any overdue obligations or costs incurred.

d) Exchange: identification of the TRCs to be exchanged, a joint declaration by the holders, a description of the resulting configuration, indication of the intended injection capacity allocation for each resulting TRC, demonstrating that it does not exceed the aggregate total, and environmental documentation, where applicable.

e) Release and Allocation: identification of the TRC and the injection capacity to be made available for release, expressed in MVA (on the assignor’s side); indication of the code of the pending application included in DGEG’s list, the injection capacity value sought, identification of the interconnection point, characterisation of the primary energy sources and proof of the bond provided (on the applicant’s side).

f) Technology change: identification of the current and replacement technology, demonstrating maintenance of overall capacity.

g) Hybridization: identification of the complementary technology, capacity and operating period, and identification of the technology originally envisaged in the TRC; additional documentation for onshore installations (Order no. 11740-B/2021); grid charging capacity through the RESP where the complementary technology is storage.

h) Partial reduction: current and intended capacity, form of compensation (storage or other technology), with demonstration of compliance with the limits set out in DL 100/2026.

i) Change of interconnection point: identification of the current and intended point, characterisation of the connection grid and a declaration by the holder attesting to the absence of any other pending application for a change of interconnection point relating to the same TRC.

• The declaration of availability for release is published by DGEG on a dedicated list, indicating the interconnection point and the available capacity.
• The declaration does not, of itself, produce any effects modifying the TRC — the effects depend on DGEG’s authorisation.
• The draft agreements must include a suspensive condition clause, stipulating that their effectiveness is subject to payment (by the recipient of the capacity allocation) of the costs already incurred by the assignor, within 30 days.
• Non-payment will result in the agreement not becoming effective.
• Capacity not assigned remains allocated to the assignor’s TRC, without any change to the existing conditions.

• Related requests submitted in a single application will be processed and assessed in a coordinated manner, considering the intended final configuration.
• Partial approval is admissible, with notification to the applicant to declare withdrawal, amendment or acceptance.
• Alternative requests (subsidiary or disjunctive) are not permitted.

Article 5(1) of DL 100/2026 provided that applications had to be submitted within 60 days of the entry into force of the DL 100/2026 (23 May 2026). Counted in business days, pursuant to Article 87 of the Portuguese Administrative Procedure Code (“CPA”), this deadline would have expired in mid-August 2026 — that is, before the publication of the Ministerial Order.

The Ministerial Order resolves this issue through Article 25(3), according to which the procedural deadlines dependent on the availability of the processing tools “become enforceable upon publication of this ministerial order”. This provision operates as a deferral of the enforceability of the deadlines: although DL 100/2026 set the starting point at its entry into force, the Ministerial Order acknowledges that, without forms, an electronic platform and submission rules, the deadlines were not materially exercisable.

In the specific case of waivers, the Ministerial Order goes further: Article 13(2) expressly provides that the refund of 100% of the bond applies to applications submitted within 30 days of the entry into force of the Ministerial Order — and not of DL 100/2026 — thus restarting the deadline for this mechanism.

In practice:

• The 60 business days for the submission of applications run from 22 September 2026 (entry into force of the Ministerial Order).
• The 30-day deadline for waivers with a full refund of the bond likewise runs from 22 September 2026.
• Deadlines are counted in business days, pursuant to Article 87 of the CPA.
• The cessation of DL 100/2026’s validity (30 June 2027) does not affect pending proceedings, which continue to be processed.
• References to DGEG shall be deemed to be references to the future Agency for Geology and Energy, I.P., when the latter succeeds to the former’s competences.

The publication of the Ministerial Order is the final step that makes the mechanisms of DL 100/2026 fully operational.

TRC holders and applicants with pending applications should now:

• Prepare the supporting documentation in accordance with the specific requirements of each mechanism and consult the respective forms made available by DGEG;
• Consult the information on capacity available per interconnection point, which grid operators are required to publish;
• Bear in mind that DGEG will forward all compliant applications simultaneously to grid operators, which entails a joint assessment of the applications received;
• Consider cumulating related applications in a single filing, taking advantage of the possibility of a single decision;
• Be mindful of the suspensive condition mechanism in the release, which requires payment within 30 days, otherwise the agreement will not take effect