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27 November 2017
On August 10 2017 the government approved Decree-Law 96/2017, which establishes the legal framework for:
The decree-law will enter into force on January 1 2018 and revoke the Electrical Facilities Licensing Regulation 1936, as amended, but only with regard to the provisions applicable to private service electrical facilities covered by the new framework. The new law also complements Law 14/2015, which approved the conditions to access and perform activities relating to private service electrical facilities.
Decree-Law 96/2017 categorises private service electrical facilities as follows:
The law determines that the execution of the following electrical facilities must be preceded by a project drawn up by a designer and issued with a liability note:
The construction of electrical facilities will be carried out by an installing entity for private service electrical facilities or a technician responsible for individual execution, pursuant to the project or the applicable technical and safety rules. The installing entity or technician should issue a compliance statement or liability note regarding the execution of the facility.
The connection of electrical services to the RESP or their entry into operation is subject to one of the following statements or certificates, according to the type of facility:
In terms of operation, Decree-Law 96/2017 imposes that certain electrical facilities must be monitored by a responsible technician due to their complexity and the associated risk. The distribution system operator must confirm the safety conditions of electrical facilities connected to its network and inform the DGEG of any issues in this regard. If the distribution system operator concludes that a facility constitutes a danger, it must suspend the supply of energy and immediately inform the DGEG of the situation.
Electrical facilities which are not monitored by a technician must be inspected regularly. The methodologies and procedures used in inspections must be approved by the director general of the DGEG within three months of Decree-Law 96/2017's entry into force.
Finally, the activities concerning the execution, inspection and operation of electrical facilities are subject to market supervision and quality of service regulation by the Regulatory Entity for Energy Services, while approval is being granted by the DGEG.
For further information on this topic please contact Joana Alves de Abreu or Ana Robin de Andrade at Morais Leitão Galvão Teles Soares da Silva & Associados by telephone (+351 21 381 74 57) or email (firstname.lastname@example.org or email@example.com). The Morais Leitão Galvão Teles Soares da Silva & Associados website can be accessed at www.mlgts.pt.
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Joana Alves de Abreu
Ana Robin de Andrade