RED III: Changes to Decree-Law 15/2022 and the New National Electricity System
The "fast-track" regime and Renewable Acceleration Zones (ZAER) promise to speed up renewable licensing, but risks remain around grid capacity, storage and land-use conflicts.
The partial transposition of the RED III Directive and the amendments to Decree-Law 15/2022 of 14 January aim to adapt the national regulatory framework to accelerate the energy transition. With the public consultation now closed, the Government and competent authorities are reviewing the suggestions and "points of attention" raised by the sector. The core concept of the decree is the "fast-track" regime, designed to reduce the complexity and duration of licensing for new renewable projects.
The two pillars of fast-track
The regime is built on the creation of Renewable Energy Acceleration Zones (ZAER), areas pre-assessed environmentally where projects are exempt from individual Environmental Impact Assessment (Art. 42, no. 2-b). This is paired with Reinforced Tacit Approval (Art. 14-B) — if the competent authority fails to decide within the legal deadline, the licence is automatically approved — and exemption from prior urban planning control (RJUE) for ZAER projects.
Points of attention
- The presumption of overriding public interest may conflict with the Water Law (Law 58/2005) and the Natura 2000 Network (DL 140/99), creating risk of legal challenges
- Grid bottleneck: faster licensing timelines may outpace the capacity of the public electricity grid, which depends on reinforcements led by grid operator REN
- Battery Energy Storage Systems (BESS) still lack sufficient public policy priority despite legal improvements
- DGEG's institutional capacity, including the new 'procedure manager' role, risks being overwhelmed without additional resources
- Territorial conflicts persist between ZAER zones and regimes such as the National Agricultural Reserve (RAN) and National Ecological Reserve (REN)