Morais Leitão, Galvão Teles, Soares da Silva & Associados updates

2019 Budget Law Proposal – implications for energy sector
Morais Leitão, Galvão Teles, Soares da Silva & Associados
  • Energy & Natural Resources
  • Portugal
  • 19 November 2018

The government recently presented its 2019 Budget Law Proposal, which includes several measures for the energy sector. As per the proposal, energy sector extraordinary contributions will be levied on generators operating renewable energy power plants licensed under the guaranteed remuneration scheme, which to date had been exempted from paying such contributions.

Portugal Finlab – innovation hub for insurtech
Morais Leitão, Galvão Teles, Soares da Silva & Associados
  • Insurance
  • Portugal
  • 06 November 2018

The Portuguese insurance regulator recently entered into an agreement with Portugal Fintech – a network focused on start-ups that connects fintech founders, investors, academics, consultants and legal advisers – to establish Portugal Finlab. From an insurance regulatory perspective, Portugal Finlab will be a useful tool to ensure an appropriate balance between innovation and consumer protection in the insurance sector.

Amendments to Insurance Supervision Act
Morais Leitão, Galvão Teles, Soares da Silva & Associados
  • Insurance
  • Portugal
  • 04 September 2018

A number of amendments were recently made to the Insurance Supervision Act in the context of transposing the EU Markets in Financial Instruments Directive. The main amendments concern the protection of communications to the Portuguese insurance regulator regarding violations, the imposition of fines on insurers that violate the EU Benchmarking Regulation and the rules applicable to insurers' marketing of insurance products linked to investment funds.

ERSE gets new supervisory duties
Morais Leitão, Galvão Teles, Soares da Silva & Associados
  • Energy & Natural Resources
  • Portugal
  • 03 September 2018

Pursuant to the State Budget 2017, the liquefied petroleum gas, petroleum-derived products and biofuels sectors, which were previously under the National Fuels Market Authority's supervision, are now subject to the Energy Services Regulatory Entity's (ERSE's) supervision. Minor changes have also been made to the ERSE's consulting bodies.

Legal basis for processing personal health data for insurance purposes
Morais Leitão, Galvão Teles, Soares da Silva & Associados
  • Insurance
  • Portugal
  • 07 August 2018

Under the General Data Protection Regulation, the processing of health data for insurance purposes requires the data subject's 'explicit consent', which poses enormous challenges for the insurance industry. Portugal has no specific legislation concerning the processing of health data for insurance purposes. However, it is hoped that the anticipated Data Protection Act will provide specific grounds for the processing of such data in this context.

Implementation of EU Insurance Distribution Directive
Morais Leitão, Galvão Teles, Soares da Silva & Associados
  • Insurance
  • Portugal
  • 24 July 2018

The EU Insurance Distribution Directive (IDD), as amended, should have been transposed into national law by 1 July 2018, with the date of application of the new rules set for 1 October 2018. Although the IDD has yet to be transposed in Portugal, the government has submitted the proposed text of the new statute to Parliament for discussion.

Merchant solar projects in Portugal: growing interest and challenges
Morais Leitão, Galvão Teles, Soares da Silva & Associados
  • Energy & Natural Resources
  • Portugal
  • 25 June 2018

With the increasing number of projects being licensed under market rules, renewable energy generators are now faced with energy trading under organised markets, without a traditional power purchase agreement with the off-taker. The new reality of operating without a feed-in tariff is challenging – particularly as regards meeting bankability requirements. However, stakeholders are exploring alternatives.

Supreme Court clarifies late payment of insurance compensation
Morais Leitão, Galvão Teles, Soares da Silva & Associados
  • Insurance
  • Portugal
  • 03 April 2018

When an insured event takes place, the insurer is bound to compensate the insured for the corresponding loss. However, the law is not entirely clear as to the moment when this payment should occur. Although Portuguese judicial decisions on this subject have thus far been inconsistent, a recent Supreme Court judgment appears to have shed light on the intended scope and meaning of the relevant legal provisions.

New rules for obtaining electricity generation permits when request capacity exceeds grid capacity
Morais Leitão, Galvão Teles, Soares da Silva & Associados
  • Energy & Natural Resources
  • Portugal
  • 12 March 2018

The 2018 state budget amended Article 33-F of Decree-Law 172/2006, which establishes the criteria that applicants must fulfil to generate electricity via renewable and non-renewable endogenous resources on a market basis in order for the licensing authority to grant a generation licence or accept a prior notification. The amendment aims to establish new rules for when the relevant network has insufficient capacity to support the additional load that results from requests submitted to the licensing authority.

General good provisions: freedom of establishment and freedom to provide services
Morais Leitão, Galvão Teles, Soares da Silva & Associados
  • Insurance
  • Portugal
  • 20 February 2018

The Insurance Supervisory Authority (ASF) recently published a consultation paper requesting comments on the draft regulatory norm, which sets out the general good provisions applicable to insurers acting in Portugal under the freedom of establishment or freedom to provide services. The draft sets out a number of general good provisions which would be applicable to the distribution of all types of insurance and provisions which would apply to the distribution of mandatory insurance and life insurance products.

Government approves decree-law on private service electrical facilities
Morais Leitão, Galvão Teles, Soares da Silva & Associados
  • Energy & Natural Resources
  • Portugal
  • 27 November 2017

The government recently approved a decree-law which establishes the legal framework for medium, high and low-voltage private service electrical facilities powered by the public service electric network and temporary and itinerant self-generation facilities. The law will enter into force on January 1 2018 and revoke the Electrical Facilities Licensing Regulation, as amended, but only with regard to the provisions applicable to private service electrical facilities covered by the new framework.

New biomass legal regime introduced
Morais Leitão, Galvão Teles, Soares da Silva & Associados
  • Energy & Natural Resources
  • Portugal
  • 14 August 2017

The special and extraordinary legal regime for the construction and operation by municipalities, inter-municipal associations and municipal associations of biomass plants for specific purposes was recently approved by way of a decree-law. However, the regime has not been fully implemented, as the government must decide on the terms of the licensing procedures and the remuneration of energy generated by biomass plants licensed under the new regime.

Logistics Operator for Switching Electricity and Gas Supplier created
Morais Leitão, Galvão Teles, Soares da Silva & Associados
  • Energy & Natural Resources
  • Portugal
  • 29 May 2017

Decree-Law 38/2017 recently created the Logistics Operator for Switching Electricity and Gas Supplier (OLMC), which will be responsible for ensuring that consumers can switch their electricity and natural gas suppliers in a swift and simple manner using transparent, non-discriminatory, standard and digital procedures. The OLMC will also enable consumers to access information concerning applicable energy tariffs and prices and their rights and obligations in the switching process.

Reimbursement of public funds by renewable energy promoters receiving feed-in tariff
Morais Leitão, Galvão Teles, Soares da Silva & Associados
  • Energy & Natural Resources
  • Portugal
  • 05 December 2016

A recent ministerial order has approved the reimbursement of public funds granted to generation facilities included in the special regime (generally, renewable energy promoters) which are receiving or have cumulatively received guaranteed remuneration (ie, feed-in tariffs) from the last resort supplier of the national electricity system. This measure aims to reduce the tariff deficit and future costs, with the ultimate goal of ensuring the sustainability of the national electricity system.

Promotion of cogeneration – terms and conditions for attribution of energy injection capacity to national grid
Morais Leitão, Galvão Teles, Soares da Silva & Associados
  • Energy & Natural Resources
  • Portugal
  • 26 September 2016

A recently published ministerial order details the terms and conditions applicable to the attribution of energy injection capacity at certain points of the national electricity grid within the special regime of licensed cogeneration production. The order is part of the strategy to promote high-efficiency cogeneration and encourage the decentralised production of energy in the European Union.

New PPEC tender process announced
Morais Leitão, Galvão Teles, Soares da Silva & Associados
  • Energy & Natural Resources
  • Portugal
  • 18 April 2016

A call for applications for funding under the Promotion of Electric Efficiency Programme (PPEC) was recently announced. The PPEC provides funds for electricity consumption efficiency projects following a competitive tender process. Eligible projects include those which aim to reduce the consumption of electricity in a measurable manner or to encourage more sensible electricity consumption.

Natural gas exchange MIBGAS starts trading
Morais Leitão, Galvão Teles, Soares da Silva & Associados
  • Energy & Natural Resources
  • Portugal
  • 15 February 2016

MIBGAS – the natural gas exchange which combines the Portuguese and Spanish markets – recently held the first trading session for its spot market. The exchange aims to foster the transparency of natural gas prices and enhance market liquidity. It is an important milestone in the gradual integration of the natural gas markets in Portugal and Spain and the construction of the internal EU natural gas market.

Legal framework on energy performance of buildings amended
Morais Leitão, Galvão Teles, Soares da Silva & Associados
  • Energy & Natural Resources
  • Portugal
  • 30 November 2015

Decree-Law 194/2015 has introduced a number of changes to the legal framework for the energy performance of buildings and the restoration of buildings built over 30 years ago or located in areas of urban renewal that are used mainly for housing. The changes aim to increase the demand for energy efficiency, which may prove crucial in achieving the 2020 national energy efficiency targets.

Charging electric vehicles – liberalisation and new opportunities
Morais Leitão, Galvão Teles, Soares da Silva & Associados
  • Energy & Natural Resources
  • Portugal
  • 28 September 2015

In line with the liberalisation of the market for charging points for electric vehicles, two recent ministerial orders detail the licensing requirements applicable in this regard. As a result, there is now a legal framework to promote competition among charging point operators which the government hopes will definitively boost electric mobility in Portugal.

Changes to legal framework for increasing capacity of wind farms
Morais Leitão, Galvão Teles, Soares da Silva & Associados
  • Energy & Natural Resources
  • Portugal
  • 01 June 2015

Decree-Law 94/2014 set out the rules for licensing the increased capacity of wind farms. It also determined that several aspects of the new legal framework would require further development by ministerial order. Accordingly, a recent ministerial order has established detailed rules regarding the licensing procedure and requirements applicable to increasing the capacity of wind farms.

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