With the aim of promoting bilateral energy contracts (PPAs) and mitigating the respective risks, Decree-Law No. 99/2024 of 3 December established the basis for the registration and bilateral contracting of energy, in accordance with Regulation (EU) 2024/1747. Ministerial Order No. 367/2024/1, of 31 December, implemented this regulation, assigning OMIP, S.A. the management of the activity through a new electronic platform. The regulation establishes the mandatory registration of PPAs, with deadlines varying according to the date of conclusion, and allows sellers and buyers to advertise contractual conditions on the platform, under the terms defined by the Energy Services Regulatory Authority (ERSE). The platform is scheduled to go live on 29 June 2025, and the procedures manual will be approved by the end of March 2025.
With the stated objective of encouraging bilateral energy contracts, commonly known as Power Purchase Agreements (PPAs), and reducing their economic, financial and legal risks, Decree-Law 99/2024 of 3 December1 established the basis for bilateral energy registration and procurement activity in accordance with Regulation (EU) 2024/1747 of the European Parliament and of the Council of 13 June 2024.
Regulation of this activity has now been implemented by Ordinance 367/2024/1 of 31 December, which established that the activity in question would be carried out by OMIP, S.A., through an electronic platform to be created for this purpose, and defines the general terms of the activity of bilateral energy registration and procurement.
Registration of bilateral energy contracts
Bilateral energy procurement
Energy sellers and purchasers may publish on the electronic platform their conditions for entering into a PPA, in accordance with the terms to be defined in the manual of procedures for bilateral energy registration and procurement, to be approved by the Energy Services Regulatory Authority (ERSE).
These new rules are expected to be implemented within the following timeframes:
Morais Leitão’s Energy and Natural Resources team is available to clarify any questions you may have in this area.
_______________________
1 That it has made the most recent amendment to Decree-Law 15/2022 of 14 January, which establishes the organisation and operation of the National Electrical System.
