Storage: Prior Control | Order no. 12991-A/2026, of 23 October

• Abrange o armazenamento autónomo, colocalizado com centro eletroprodutor renovável e colocalizado com UPAC.
• Abrange todas as tecnologias, incluindo bombagem integrada em centro hidroelétrico e armazenamento térmico.
• No armazenamento colocalizado, a atividade de armazenamento integra-se no procedimento de controlo prévio da produção (artigo 79.º, n.º 1, do DL 15/2022).

• Installed capacity exceeding 1 MW: licensing;
• Installed capacity of 1 MW or less: prior y, in accordance with Articles 55 et seq. of Decree-Law 15/2022, with an overall time limit of three months and the endorsement of non-substantial changes.
• Where more than one activity subject to prior control is carried out, the most stringent procedure applies.

• Hybrid: generation and storage units submitted simultaneously follow a single procedure.
• Hybridisation: the addition of storage to an installation already holding a prior control title (licence, prior y or prior notification), without altering the injection capacity, does not require a separate TRC; the new title is endorsed in the pre-existing title and the TRC is amended.
• If the injection capacity of the storage facility exceeds the pre-existing capacity, the increase is subject to a new TRC (Article 18 of Decree-Law 15/2022) or, in the case of prior y, to Article 55.
• The combined injection of the storage facility and the associated generation unitsmay not, at any time, exceed the capacity set out in the TRC or in the prior control title.

• Conversion entails a change in the activity and legal status of the facility; therefore, it does not constitute a ‘substantial change’.
• No endorsement, substantial change or other simplified procedure is permitted: a new procedure is required, although application documents that remain valid may be reused.

• The separate opinions of the grid operator and of the Global Manager of the National Eletricity System (“Gestor Global do SEN") provided for in the 2025 Order are replaced by a single joint opinion.
• The opinion focuses on the maximum charging power from the RESP, the technical conditions, the operational restrictions (identified, quantified and, where possible, time-limited) and other safety aspects that are specifically substantiated.
• It must be substantiated and based on objective, proportionate and non-discriminatory criteria.
• The charging capacity is specified in the prior authorisation; any change to this requires an amendment to the authorisation.
• In licensing procedures, failure to issue an opinion within the time limit shall be deemed to constitute no objection, in which case the general technical requirements shall apply.

• General: powers of representation and summary of operating conditions: maximum apparent injection power, maximum charging power (which may not exceed the injection power) and nominal energy capacity (MWh).
• Licensed stand-alone storage: prior TRC for storage, either firm or subject to restrictions.
• Co-located: pre-existing TRC (if applicable), pre-existing licence and other storage facilities associated with the same TRC. UPACs exempt from TRC do not submit one.
• Documents signed with a qualified electronic signature.

Applications submitted to the DGEG via the electronic platform (or, until it becomes operational, electronically, selecting the ‘storage’ option):

• formal issues: 10 days;
• single request for additional information: up to 30 days, failing which the application will be rejected;
• forwarding to the grid operator, in order of receipt: 5 days;
• joint opinion: 20 days (suspended if clarification is requested within 10 days);
• applicant’s response: 10 days; final opinion: 10 days;
• final decision by the DGEG: 30 days; amendment to the TRC: 10 days.

The time limits are calculated in accordance with Article 87 of the CPA (business days).

• Ongoing procedures shall follow the previous rules, whilst maintaining priority, but the applicant may opt for the new regime, if it is more favourable, within 30 days of its entry into force.
• For applications under Article 4 of the Order of 2025, the DGEG shall notify the applicant within 30 days to adapt or withdraw the application within a period of not less than 60 days.
• Upon adaptation, valid elements are retained, and priority and the TRC are maintained (Article 11(10) of Decree-Law 15/2022).

• Scope: from an exhaustive list to all forms and technologies of storage;
• Type of prior control: 1 MW threshold between licensing and prior y;
• Hybridisation: exemption from a separate TRC where there is no increase in capacity; a new TRC if there is an increase;
• Conversion: new mandatory procedure;
• Opinions: single joint opinion; silence deemed non-objection (licensing);
• Technical requirements: referred to Ministerial Order No. 464-A/2026/1 and to the joint opinion;
• Transition: option to opt into the new regime and adaptation of pending applications.

The Order comes into force on 24 October 2026.

This Order makes the prior control of storage more predictable. Promoters should:

• Review pending applications and decide, by 7 December 2026 (30 working days from the date of entry into force), whether to opt for the new regime;
• Prepare to adapt applications submitted under Article 4 of the 2025 Order, in order to retain priority and the TRC;
• Confirm whether the addition of storage requires a new TRC or can be treated as hybridisation;
• Plan the conversion of generation projects to storage as a new procedure;
• Carefully define the intended charging capacity, which is set out in the prior control title;
• Coordinate the prior control process with the technical requirements of Ministerial Order No. 464-A/2026/1.