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Portugal

Supporting Policies for Ocean Energy



NATIONAL STRATEGY

Portugal’s energy sector policy aims to decarbonise the energy supply and reduce energy import dependency primarily through broad electrification and a rapid expansion of renewable electricity generation, along with increased energy efficiency. The Directorate-General for Energy and Geology (DGEG), within the Ministry for the Environment and Climate Action, has the main responsibility for developing and implementing Portugal’s energy policy. 

In January 2022, the government introduced Decree-Law No. 15/2022, outlining the operational guidelines for the National Electric System (SEN). This decree established a legal framework for Technological Free Zones (ZLT), dedicated spaces for testing and demonstrating new technologies in a real-world environment, subject to specific legislation and continuous oversight by regulatory bodies. This approach aims to expedite experimental and research activities through streamlined legal mechanisms. In 2023, the government, via Order No. 298/2023 on October 4, has approved the establishment of a Technological Free Zone for oceanic renewable energies offshore Viana do Castelo. Covering 7.63 km2, this ZLT is designed to foster innovation and development projects for generating electricity from marine renewable energy sources. It is strategically located near the Windfloat Atlantic project, Europe's pioneering floating wind farm.

In 2024, the approval of the Renewable Energy Allocation Plan (PAER) was anticipated. This plan is designed to identify suitable areas for offshore wind farms in national maritime spaces and to assess their environmental impacts. The approval occurred in January 2025. This initiative forms a part of the National Energy and Climate Plan 2030 (PNEC 2030), aiming to achieve a target of 2 GW of offshore wind capacity by the end of the decade. Originally scheduled for 2023, the initial auction was postponed due to technical complexities and is now planned for 2025.

The approval of PAER will facilitate the offshore wind energy in Portugal as it will automatically update and integrate into the National Maritime Spatial Planning Situation Plan (PSOEM), which defines areas for different activities within the national maritime space. According to the latest statements from the Minister of the Environment, the offshore wind energy auction will proceed in two phases. The first phase will offer seabed rights for area studies, followed by a Contracts for Difference (CfD) auction to set energy purchasing prices. 

The framework established by the PAER is also expected to pave the way for the development of wave energy. By defining clear zones for marine renewable energy and streamlining the approval processes, it is expected that the plan will enhance the viability and attractiveness of investing in wave energy projects alongside wind.

National Strategy for the Sea 2021-2030
The National Strategy for the Sea 2021–2030, released by the government in 2021, aims to enhance the contribution of the ocean to Portugal’s economy and promote a healthy ocean that increases the welfare of the Portuguese people. It centers around 10 objectives, including combatting climate change, decarbonize the economy and promoting renewable energy, stimulating scientific knowledge, technological development and blue innovation. The corresponding Action Plan contains concrete measures to execute until 2030, for each area, including relevant actions for Marine Renewable Energies. In 2022, the first report monitoring the National Strategy for the Sea was prepared, presenting statistics for the services and value of the blue economy.
More information here.

Atlantic Strategy Committee (ASC) 
Portugal, Spain, Ireland and France are represented in the Atlantic Strategy Committee. The ASC is the governing body of the Atlantic Maritime Strategy adopted in 2011 by the European Commission in response to repeated calls from stakeholders for a more ambitious, open and effective cooperation in the Atlantic Ocean Area. In this context, the Atlantic Action Plan 2.0 was approved aiming to unlock the potential of the sustainable Blue Economy in the Atlantic area while preserving marine ecosystems and contributing to climate change adaptation and mitigation of environmental hazards. The new action plan includes four pillars, one of which is on Marine Renewable Energy. 
More information here

European Marine Energy Board (ENB)
The European Marine Board is the leading European think tank in marine science policy. It provides a platform to advance marine research and to bridge the gap between science and policy. The European Marine Board is a unique strategic pan-European Forum for seas and ocean research and technology. As an independent, self-sustaining, non-governmental advisory body, the European Marine Board transfers knowledge between the scientific community and decision makers, promoting Europe’s leadership in marine research and technology. 

The European Marine Board released a report titled "European Offshore Renewable Energy: Towards a Sustainable Future". This report was prepared by a working group formed by members from Greece, Ireland, UK, Italy, France, Norway and Portugal (represented by WavEC). The report emphasizes the urgent need for responsible and sustainable management of the offshore renewable sector, providing a comprehensive overview of the technical, environmental, and socioeconomic aspects of the offshore renewable sector, with a specific focus on the European context. 


PUBLIC FUNDING PROGRAMMES

Foundation for Science and Technology (FCT)
The Foundation for Science and Technology (FCT) is a national funding agency under the responsibility of the Ministry for Science, Technology and Higher Education whose mission is to boost Portugal’s RD&D capabilities in all scientific fields. FCT provides RD&D funding through several programmes, including tenders for RD&D projects, grants, scholarships, support of public-private RD&D collaboration and direct funding of public research institutions. 

FCT became a participant in the inaugural Co-funded call of the Sustainable Blue Economy Partnership (SBEP). This initiative involves 36 funding organizations across 23 countries, collectively supporting research and innovation actions in the blue economy, with financial support from the European Commission. Its strategy takes into consideration the R&I agendas of the sea basins (Mediterranean, Black Sea, Baltic and North Sea) and the Atlantic Ocean and builds on lessons learned from previous initiatives (e.g. OCEANERA-NET).

National Innovation Agency (ANI) 
The National Innovation Agency (ANI) is a state-owned agency supporting technology and business innovation to strengthen Portugal’s competitiveness in global markets. The ANI’s responsibilities include stimulating private RD&D investment, promoting partnerships between Portugal’s RD&D entities and industry, and increasing the participation of Portugal’s RD&D entities and industry in international RD&D programmes.

ANI also runs the Interface Programme that certifies and funds Technological Interface Centres in several areas including renewable energies, using FITEC - Innovation, Technology and Circular Economy Fund that aims to support policies to enhance scientific and technological knowledge and its transformation into innovation. 

Directorate-General for Maritime Policy (DGPM)
DGPM is a public administration body of the Ministry of the Sea responsible to develop, evaluate and update the National Ocean Strategy, designing and proposing the national maritime policy, developing the maritime spatial planning strategy and management, monitoring and participating in the development of the Integrated Maritime Policy of the European Union and promote national and international cooperation on maritime affairs. DGPM is currently engaged in a variety of scientific marine and maritime research topics (including socio-economy sciences related to the Ocean, monitoring of the Blue Economy, and monitoring of the Portuguese contribution to the UN SDG 14 Goal), but also in Ocean Literacy and translational aspects between academia and industrial sectors. 



Consenting processes



Update: May 2021

MARINE SPATIAL PLANNING POLICY

The Marine Spatial Planning (MSP) policy is used as a decision-making tool.

The Portuguese MSP was adopted in 2019 and includes zones for ocean energy development. The MSF Directive was transposed into Portuguese law in DL 38/2015 (amended by the DL 139/2015), laying down the basis for the Planning and Management of the National Maritime Space (LBOGEM). It defines the legal framework that allows for the implementation of MSPs in the whole national maritime space, from the baselines until the extended continental shelf (beyond 200 nm). The MSP system consists of a set of instruments developed under two complementary action levels:

  1. Strategic instruments of the planning and management policy, from which the National Strategy for the Ocean 2013-2020 stands out and
  2. Two legally binding (on public and private entities) MSP instruments: PS and Allocation Plan (AP).

A preliminary baseline for the SP has been developed under the POEM, which has therefore established the situation reference for the MSP in the continent subdivision. DGRM is responsible for the coordination of the MSP. The Allocation Plans are submitted to EIA, whereas a SEA is mandatory for the SP. In 2019, the National Maritime Spatial Plan (PSOEM) was approved establishing the licensing regime for private use of the maritime space including marine renewable energies.

AUTHORITIES INVOLVED
The authorities involved in the consenting process are:

• Portuguese Environmental Agency (APA);
• Coordination Committee on Regional Development (CCDR);
• Energy and Geology Directorate-General (DGEG);
• Portuguese Electricity Utility (EDP);
• Directorate General for Natural Resources, Safety and Maritime Services (DGRM)
 

CONSENTING PROCESS
The licensing process of marine renewable energies projects in Portugal requires the following components articulated between each other:

  • License for water resources utilization – managed by the Portuguese Environmental Agency (APA). This license is the main consent required and can be authorized through a license or concession:
    • A license is required for devices deployed for less than one year and for installed capacity below or equal to 25 MW;
    • A concession is mandatory for more lengthy time periods. In this case, a competitive public examination must be carried out, starting with a public announcement by the competent authority.
  • Environmental license – managed by the Coordination Committee on Regional Development (CCDR), which is the regional authority;
  • License for the power production or grid connection – a request made by the developer to the Portuguese Electricity Distribution (EDP);
  • Building license for infrastructure on land (e.g. substation, cable routes) administered by the municipal council of the area where the project is to be installed.

DGEG is the licensing entity for projects with a power capacity of up to 10MW. Above 10MW the member of the Government responsible for the energy sector is the licensing authority. The licensing authority coordinates the entire licensing process, articulating the link with the various authorities involved in the process. It is therefore by the licensing authority that all procedures are developed from the delivery of the application elements to the communication of decisions and delivery of licenses to the developer.
 

ENVIRONMENTAL IMPACT ASSESSMENT
As per the recent amendment of DL 215-B/2012 through DL 76/2019, MRE projects not covered in the RJAIA are subject to an AIncA procedure only if located within Natura 2000 Network. If the project is not subject to an AIA or AIncA, the developer may proceed in the licensing procedure provided favourable advice on the project installation on the proposed location is submitted to the regional authority (CCDR). The entity responsible for the decision on whether an EIA/EIncA is required is the CCDR if it is a license, or APA if it is a concession.

Since the scoping phase is not mandatory, the EIA procedure starts with a screening phase to decide whether the project is subject to an AIA. If an MRE project is listed under Annex II of RJAIA, a full AIA is required, and APA is the licensing authority.  In the case of MRE projects not listed under Annex II of RJAIA, i.e., with a capacity below 50 MW (or below 20 MW when located in sensitive areas) or wind farm projects with less than 20 wind turbines (or less than 10 wind turbines when located in sensitive areas) a case-by-case screening procedure is carried out.

The baseline survey is usually made through desk-based studies although some developers of the few projects that have been installed in Portugal have carried out some baseline studies as required in the declaration of the EIA.

Monitoring is usually part of the EIA declaration issued as part of the environmental license. In Portugal the onerous post-deployment monitoring have been required for some marine renewable energy projects. Evidences should be given in periodic reports that monitoring in being carried out, and its results are usually analyzed by the Portuguese Institute for Nature Conservation (ICNF). Both the issuance of the TUPEM and production license requires a favourable or conditionally favourable Environmental Impact Statement (DIA) and, when required, a favourable or conditionally favourable Decision on the Environmental Compliance of the Detailed project design (DCAPE) or, if applicable, a favourable or conditionally favourable Environmental Appraisal Statement (DIncA).
 

LEGISLATION AND REGULATION
Whilst there is no over-arching dedicated consenting system for ocean energy, all the required consents have been adapted to better suit wave energy developments. One of the most relevant regulations in the consenting process of Portugal is the recently updated Decree Law 76/2019 , which sets the legal regime applicable to the exercise of electricity production, transport, distribution and marketing activities and the organisation of electricity markets. Project developers must obtain the following six consents before installing a project: i) concession, license or authorisation for the private use of marine space (TUPEM ); ii) Reserve capacity; iii) Production license; iv) Exploration license; v) accessory facilities onshore and vi) Environmental Impact Assessment. A developer can apply for all licenses at the same time, however, the procedure to obtain each of these licenses is sequential and there are legally prescribed time frames for each step of the procedure.

For projects with a power capacity up to 10 MW, DGEG is the authority in charge of licensing electricity production linking with other authorities for specific permits: The Directorate General for Natural Resources, Safety and Maritime Services (DGRM) for the TUPEM, CCDRs or APA for the environmental license and local city hall for onshore facilities.
The reserve capacity is a title issued by the grid operator (EDP Distribuição), with the requested power capacity on behalf of the applicant and encompasses a production license and an operation license. Obtaining the capacity reserve title is a necessary but not enough condition of the licensing process. After guaranteeing a reserve capacity in the grid, the applicant must submit the Production License application followed by an Exploration License application, to DGEG.

The procedure to obtain the TUPEM will depend on the designation of the use in the area where the project is to be installed, which is established in the Situation Plan (PS), the instrument setting the baseline for the national MSP. If the area to be used by the project is already designated for renewable energy production, the application for obtaining TUPEM is carried out directly by DGRM. If the area to be used by the project is not designated for MRE production activity, the developer may propose the amendment of its designation by submitting an Allocation Plan, which, if approved, automatically changes the PS through Council Minister´s Resolution.

Consultation is usually required as part of the legal licensing process. It is usually made after the EIS is delivered to the authorities for approval. Advices are asked by the licensing authority to several statutory consultees namely Institute of Nature Conservation, port authorities and several public authorities responsible for marine resources management. There are informal consultation activities implemented by the developers during the licensing process.
 

CONSULTATION
Consultation is usually required as part of the legal licensing process. It is usually made after the Environmental Impact Statement is delivered to the authorities for approval.

Advices are asked by the licensing authority to a number of statutory consultees namely the Institute of Nature Conservation, port authorities and a number of public authorities responsible for marine resources management.

There are informal consultation activities implemented during the licensing process: usually, developers prepare a number of informal public events to disseminate the project and collect public feedback on their activities at sea.
 

GUIDANCE AND ADVICE
Guidance on the consenting process was produced and published by WavEC Offshore Renewables in 2016. It is currently being reviewed and updated.
 

TEST CENTERS
There are two test sites in Portugal:

  • Aguçadora test site available for technology developers for research and project demonstration (TRL 6 - 8) of floating offshore wind and wave energy conversion devices, offshore aquaculture technologies, underwater robotics and ocean observation. 
  • Viana do Castelo test site available for pré-commercial projects (TRL 8 - 9) of floating offshore wind and wave energy conversion devices.
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