Decree-Law No. 79/2025, in force since 22 May, amends the National Gas System regime to boost the market for renewable and low-carbon gases (GOR), strengthening security of supply and adapting legislation to decarbonisation objectives. It establishes rules for infrastructure, updates definitions, regulates the registration of facilities, defines responsible entities and launches a transitional process for the management of the hydrogen network. This decree is complemented by the new Network Regulations, which enable the injection of GOR and modernise the national gas infrastructure.
On 22 May 2025, Decree-Law 79/2025 entered into force, which amends the legal framework for the organisation and operation of the National Gas System contained in Decree-Law 62/2021 of 28 August. It is of great importance for the creation and consolidation of the Portuguese market for renewable gases and low-carbon gases (hereinafter "GOR"), including the respective institutional and administrative bases. This legislation also reinforces the measures to guarantee the security of gas supply in Portugal, provided for in Decree-Law 70/2022 of 14 October, aimed at addressing the instability of the energy market and preventing exceptional events that could put the gas supply at risk2.
With a view to meeting Portugal's international commitments on energy transition and decarbonisation of the economy and in the context of reforming the regulatory framework for renewable hydrogen in the Recovery and Resilience Plan, Decree-Law 79/2025:
- Bolsters the principle of delivering GOR through dedicated infrastructure, making it clear that Decree-Law 232/90 of 16 July applies3;
- Updates the concepts of Gas4, Natural Gas, Low Carbon Gases, Hypo-carbon Hydrogen and Renewable Hydrogen;
- Adds supply through mobile equipment (road, rail and vessels) or fixed equipment (pipelines) to any final supplier to the list of rights of prior registration holders for the production of GOR;
- Regulates the registration procedure for GOR production facilities, by establishing the obligation to provide a security deposit in exchange for reserving injection capacity in the National Gas Network, amounting to 10% of the capacity reserved for the project;
- Designates DGEG and ERSE as, respectively, the licensing authority and the regulator for the renewable gas, natural gas and hydrogen market; and
- Provides for the opening of an expedited market consultation process for the temporary appointment of the entity responsible for planning, developing and managing the hydrogen5 network infrastructure, until its permanent appointment in the context of the transposition of Directive (EU) 2024/1788 of the European Parliament and of the Council of 13 June 2024.
From a technical and operational perspective of the GOR market in Portugal, we would like to draw attention to the publication of the National Gas Distribution and Transport Network Regulations on 28 February and 13 March 2025, respectively. These Regulations are based on Decree-Law 62/2020, and form part of the broad context of the reform of the existing regulatory framework in favour of promoting the use of renewable gases, particularly hydrogen, as part of the transition strategy to a decarbonised economy.
In very brief terms, the amendments made by the Regulations to the old law aim to allow the incorporation of renewable gases into the National Gas Network6, establishing technical requirements and limits for the injection of GOR into the networks, rules for network sizing, obligations to adapt infrastructure and monitoring mechanisms. It is also worth mentioning the recognition of a set of new infrastructure capable of enabling the injection and integration of GOR into the National Gas Network and into dedicated networks, as well as the bidirectionality of network flows, which can become part of the National Gas Network, which is an important milestone for the modernisation and decarbonisation of that Network, and facilitates the process of incorporating GOR into the SNG, which is essential for the national and European energy transition.
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1 Legislation establishing the organisation and operation of the National Gas System.
2 The extraordinary measures for reporting information relating to long-term take-or-pay contracts are extended until 31 December 2027, and the remaining extraordinary measures (relating to the guarantee of SNG supply, additional security reserves and SDEGN) will remain in force for two years from the entry into force of Decree-Law 70/2022.
3 Legislation establishing the principles with which the design, construction, operation and maintenance of the system for supplying piped fuel gases must comply.
4 "Gas" is now understood to mean natural gas, gases of renewable origin or with low carbon content, pure or in a homogeneous mixture with natural gas, in the permitted concentrations, in order to ensure network interoperability. The previous concept is abandoned, in which "Gas" corresponded only to the mixture of natural gas with other gases.
5 The call for expressions of interest for the appointment of the entity responsible for planning, developing and managing the hydrogen network infrastructure until appointment following the transposition of Directive (EU) 2024/1788 of the European Parliament and of the Council of 13 June 2024 is contained in Notice No 930-A/2025 of 21 May.
6 The National Gas Distribution Network Regulation establishes, in Annex III, the Technical Regulations relating to the injection of GOR into the SNG distribution networks.
